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McGOVERN v. WOMACK

247 A.D.2d 595 (1998)

669 N.Y.S.2d 248

Thomas J. McGovern et al., Appellants, v. Jo Ann Womack et al., Respondents

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

February 23, 1998

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the provision in the defendant corporation's certificate of incorporation requiring a favorable vote of a majority of shares represented at the annual meeting to amend the by-laws was valid, and that the inconsistent provision in the by-laws was invalid (see, Business Corporation Law § 601 [c]; § 616 [a] [2]; Model, Roland & Co. v Industrial Acoustics...

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