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BANK OF NY CO v. IRVING BANK

140 Misc.2d 508 (1988)

Bank of New York Company, Inc., Plaintiff, v. Irving Bank Corporation et al., Defendants.

Supreme Court, New York County.

July 21, 1988

Attorney(s) appearing for the Case

Sullivan & Cromwell (John L. Warden and Norman Feit of counsel), for plaintiff. Wachtell, Lipton, Rosen & Katz (Herbert Wachtell of counsel), and Winthrop Stimson Putnam & Roberts (Stephen Weiner of counsel), for defendants.

HERMAN CAHN, J.

The Bank of New York Company, Inc. (BNY) seeks a determination that a proposed bylaw amendment considered and voted on at the general meeting of Irving Bank Corporation (IBC) was duly adopted. BNY moves for a preliminary mandatory injunction directing IBC to effectuate said amendment.

THE FACTS

BNC and IBC have been engaged in a battle for control of IBC. As part of the battle, BNY and IBC nominated separate

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