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MATTER OF GERZOF v. COONS

168 A.D.2d 619 (1990)

In the Matter of Julius M. Gerzof et al., Appellants, v. Jack Coons, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 24, 1990

Ordered that the order is modified, on the facts and as an exercise of discretion, by deleting the words: "for the three year period preceeding the statutorily established valuation date", and substituting therefor the words: "for the five-year period preceeding the commencement of this proceeding"; as so modified, the order is affirmed, without costs or disbursements.

While it is true that once the majority shareholder...

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