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NATURE'S BOUNTY, INC. v. STURDEE HEALTH PRODS. CO., INC.

205 A.D.2d 435 (1994)

613 N.Y.S.2d 903

Nature's Bounty, Inc., et al., Respondents, v. Sturdee Health Products Co., Inc., et al., Defendants. PDK Labs, Inc., Intervenor-Appellant

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

June 28, 1994

Defendants entered into four interlocking agreements for the sale of their substantial mail order assets to plaintiff Nature's Bounty and various subsidiaries. A short time after the execution of the agreements, Kenneth Kerpen sought and obtained a conservatorship for his father, Leo Kerpen, the major stockholder and partner of defendants. Both the purchase agreements and a subsequent Modification Agreement provided for "court approval" of the terms of the purchase. Suffolk...

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