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MATTER OF SMITH v. RUSSO

230 A.D.2d 863 (1996)

646 N.Y.S.2d 711

In the Matter of Richard A. Smith et al., Appellants, v. Michael J. Russo et al., Respondents

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

August 19, 1996

Ordered that the order dated November 1, 1994, is reversed, on the law, with costs, the motion is denied, the election is reinstated, the order dated April 26, 1993, is reinstated and the respondents are directed to post a $750,000 security bond in accordance therewith, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

Pursuant to Business Corporation Law § 1118 (a), "[a]n election

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