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MATTER OF LAZAR v. ROBINSON KNIFE MANUFACTURING CO., INC.

262 A.D.2d 968 (1999)

692 N.Y.S.2d 539

In the Matter of ALYSE LAZAR et al., Respondents, v. ROBINSON KNIFE MANUFACTURING CO., INC., Appellant. ALYSE LAZAR et al., Respondents, v. JOHN GREENBERGER et al., Appellants.

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

Decided June 18, 1999.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendants to dismiss the complaint as barred by the exclusivity provision in Business Corporation Law § 623 (k). Business Corporation Law §§ 623 and 910 authorize shareholders who dissent from the merger of two domestic corporations to commence an appraisal proceeding wherein the court determines the fair value of their stock. A dissenting shareholder...

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