MATTER OF WEINGARTEN v. THIRTY-FIRST STREET REALTY CORPORATION

2008-11622

68 A.D.3d 1009 (2009)

2009 NY Slip Op 9481

890 N.Y.S.2d 325

In the Matter of VICTOR WEINGARTEN, Respondent, v. THIRTY-FIRST STREET REALTY CORPORATION et al., Respondents, and FRED WEINGARTEN, Appellant.

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

Decided December 15, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances presented here, the Supreme Court providently exercised its discretion in denying that branch of the motion of the appellant, Fred Weingarten, made jointly with the estate of Jacob Popovic, which was pursuant to Business Corporation Law § 1118, inter alia, for leave to elect to purchase the shares representing the petitioner's minority interest in Thirty-First Street...

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