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MATTER OF SUTTON v. SUTTON

84 N.Y.2d 37 (1994)

637 N.E.2d 260

614 N.Y.S.2d 369

In the Matter of Solomon A. Sutton et al., Appellants, v. David S. Sutton, Respondent.

Court of Appeals of the State of New York.

Decided June 21, 1994.

Attorney(s) appearing for the Case

Rosenman & Colin, New York City (Gerald Walpin and Mary B. Fisher of counsel), for appellants.

Kronish, Lieb, Weiner & Hellman, New York City (Adam Walinsky and Christine Fahey of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

In this CPLR article 78 proceeding, petitioners seek (1) a declaration that an amendment to the certificate of incorporation of Bag Bazaar, Ltd. is valid and (2) to compel respondent David S. Sutton, as a director of the corporation, to sign and deliver a certificate of amendment to petitioners for filing. Respondent has refused to execute the certificate, contending it is not valid because the amendment...

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