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MTR. GREEK PEAK v. ARMSTRONG

236 A.D.2d 181 (1997)

664 N.Y.S.2d 879

In the Matter of Greek Peak, Inc., Respondent, v. Harold A. Armstrong et al., Appellants. (And Another Related Proceeding.)

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

December 4, 1997

Attorney(s) appearing for the Case

Theodore Fenstermacher, Cortland, for appellants.

MacKenzie Smith Lewis Michell & Hughes, L. L. P., Syracuse (Dennis P. Hennigan of counsel), for respondent.

CARDONA, P. J., WHITE, SPAIN and CARPINELLO, JJ., concur.

CASEY, J.

Petitioner, a corporation engaged in the operation of a commercial ski area and land development business, commenced these proceedings pursuant to Business Corporation Law § 623 (h) to fix the fair market value of its common stock as of October 15, 1981. Respondents are dissenting shareholders to a merger between petitioner and another corporation. After a nonjury trial, Supreme Court, by decision...

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