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WELLS v. LEAGUE OF THEATRES

183 Misc.2d 915 (2000)

706 N.Y.S.2d 599

In the Matter of STEPHAN G. WELLS et al., Petitioners, v. LEAGUE OF AMERICAN THEATRES AND PRODUCERS, INC., Respondent.

Supreme Court, New York County.

March 1, 2000.

Attorney(s) appearing for the Case

Shatz Meier Franzino & Scher, L. L. P., New York City (Gary Retish and Frank J. Franzino, Jr., of counsel), for petitioners.

Proskauer Rose L. L. P., New York City (Charles S. Sims and Anne T. Amann of counsel), for respondent.

OPINION OF THE COURT

JEFFREY M. ATLAS, J.

The petitioners in this CPLR article 78 proceeding are "inactive" members of the respondent not-for-profit corporation, the League of American Theatres and Producers, Inc. (the League). The League's 1985 restated certificate of incorporation and the by-laws state that the corporation's purposes are, in part:

"(a) To conserve and promote the general welfare of the legitimate theatre and common interests and...

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