IN THE MATTER OF EL-ROH REALTY CORP.


55 A.D.3d 1431 (2008)

865 N.Y.S.2d 475

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-Respondent; JOAN ROTH et al., Respondents-Appellants, and EL-ROH REALTY CORP., Respondent.

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

October 10, 2008.


It is hereby ordered that said appeal from the order insofar as it concerns the first cause of action is unanimously dismissed, the cross appeal is dismissed and the order is modified on the law by reinstating the second cause of action and by granting the motion and staying proceedings on that cause of action pending determination of the counterclaim in the 2006 dissolution proceeding and as modified the order is affirmed without costs.

Memorandum:

In this...

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