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IN THE MATTER OF AMERICAN PREMIER UNDERWRITERS, INC. v. ABELOW

54 A.D.3d 638 (2008)

864 N.Y.S.2d 19

In the Matter Of AMERICAN PREMIER UNDERWRITERS, INC., Respondent, v. HERBERT B. ABELOW et al., Appellants, et al., Respondent.

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

September 25, 2008.

In this post-merger proceeding to fix the fair value of the shares of the acquired company pursuant to Business Corporation Law § 623, the court properly exercised its discretion in finding the price fair based on its acceptance of petitioner's and rejection of respondents' expert opinions (see Matter of Cawley v SCM Corp., 72 N.Y.2d 465, 470 [1988]). The court correctly found that certain assets were properly not considered...

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