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MATTER OF EL-ROH REALTY CORP.

48 A.D.3d 1190 (2008)

851 N.Y.S.2d 777

In the Matter of the Dissolution of EL-ROH REALTY CORP. PHILIPPE R. SCHWIMMER, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; JOAN ROTH et al., Respondents, et al., Respondent. ROBERT BALDWIN, ESQ., as Trustee of the Seymour Roth Living Trust, Intervenor-Respondent. (Appeal No. 1.)

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

Decided February 1, 2008.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the petition is reinstated, the motion is granted and the proceeding is stayed pending determination of the counterclaim.

Memorandum:

Respondent El-Roh Realty Corp. (El-Roh) is a closely held corporation in which petitioner and respondent Joan Roth each own 50% of the voting stock. The loyalties of the members...

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