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MATTER OF GREEK PEAK, INC. v. ARMSTRONG

265 A.D.2d 760 (1999)

697 N.Y.S.2d 375

In the Matter of GREEK PEAK, INC., Appellant-Respondent, v. HAROLD A. ARMSTRONG et al., Respondents-Appellants. (Proceeding No. 1.) In the Matter of GREEK PEAK, INC., Appellant-Respondent, v. LEE BREWER et al., Respondents-Appellants. (Proceeding No. 2.)

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

Decided October 28, 1999.

Graffeo, J.

Petitioner, the operator of a ski resort, merged ownership with Virgil Recreation Corporation on November 12, 1981 after approval by petitioner's shareholders. Under the terms of the merger, petitioner's minority shareholders owning less than 250,000 shares were required to surrender their shares in exchange for a cash payment at the rate of 13 cents per share.* When respondents...

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