IN THE MATTER OF SIKORSKI


30 A.D.3d 429 (2006)

815 N.Y.S.2d 753

In the Matter of RICHARD S. SIKORSKI, Respondent. ELECTRIC BATTERY CORP., Appellant.

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

June 6, 2006.


Ordered that the order is reversed, on the law, with costs, the petition is denied, the cross motion is granted, and the proceeding is dismissed.

Although the appellant corporation's failure to include a copy of Business Corporation Law § 623 or its material terms with its notice of shareholders meeting excused the petitioner from the requirement of serving a notice of objection pursuant to Business Corporation Law § 623 (a) (see Matter of Carroll v Seacroft...

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