MATTER OF ALPERT


214 A.D.2d 478 (1995)

625 N.Y.S.2d 521

In the Matter of Jack L. Alpert et al., Appellants. 79 Realty Corp. et al., Respondents

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

April 25, 1995


At bar, the appraiser was appointed before a 1982 amendment to Business Corporation Law § 623 (h), forbidding courts in special proceedings brought pursuant to that section from ordering a "referral to an appraiser or referee". The IAS Court properly declined to give retroactive application to the amendment, there being no clear expression of legislative purpose to justify a retroactive application of this procedural statute...

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