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WINDINGS v. STATE SECRETARY

189 Misc.2d 417 (2001)

733 N.Y.S.2d 582

WINDINGS, INC., et al., Plaintiffs, v. SECRETARY OF STATE OF THE STATE OF NEW YORK, Defendant.

Supreme Court, Albany County.

October 18, 2001.

Attorney(s) appearing for the Case

Satterlee, Stephens, Burke & Burke, New York City (Howard G. Seitz of counsel), for plaintiffs.

Eliot Spitzer, Attorney General, Albany (Nelson R. Sheingold of counsel), for defendant.

OPINION OF THE COURT

LOUIS C. BENZA, J.

Plaintiffs have moved this court by an order to show cause to annul a certificate of merger of Windings, Inc. into Windings Parent Corp. filed on August 8, 2001 with defendant.

In December 1993, Da Capo al Fine, Ltd. (hereinafter Da Capo) acquired all but two shares of Windings, Inc. held by another corporation. Eight years later, a certificate of merger was filed merging Windings, Inc. into Windings Parent...

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