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MILLER v. GASEK

248 A.D.2d 1008 (1998)

670 N.Y.S.2d 144

Henry F. Miller, Jr., et al., as Trustees of St. Margaret's Corporation of Utica, et al., Respondents, v. Stanley P. Gasek et al., Appellants

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

March 13, 1998

Judgment unanimously affirmed with costs.

Memorandum:

We reject the contention of defendants that Supreme Court erred in granting the motion of plaintiffs for summary judgment and for dismissal of the answer and counterclaims. Contrary to the contention of defendants, plaintiffs established that, under the certificate of incorporation and by-laws of plaintiff St. Margaret's Corporation of Utica, N. Y. (Corporation), plaintiffs Henry F. Miller, Jr., Virginia...

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