MATTER OF ESTATE OF MANDELBAUM v. FIVE IVY CORP.

2654, 601050/08

72 A.D.3d 574 (2010)

898 N.Y.S.2d 844

In the Matter of the Estate of PHILIP MANDELBAUM, Deceased, Appellant, v. FIVE IVY CORP., Respondent.

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

Decided April 27, 2010.


The motion court properly denied production of information regarding events subsequent to the undisputed valuation date of December 27, 2007. Contrary to petitioner's contention, the statute's requirement that the court consider "all other relevant factors" in fixing value does not modify its time frame for fixing value "as of the close of business on the day prior to the shareholders' authorization date" (Business Corporation Law...

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