BARASCH v. WILLIAMS REAL ESTATE CO., INC.

8631, 600053/09.

100 A.D.3d 562 (2012)

954 N.Y.S.2d 527

2012 NY Slip Op 8075

CANDACE CARMEL BARASCH, Respondent, v. WILLIAMS REAL ESTATE CO., INC., Appellant, et al., Respondents.

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

November 27, 2012.


Williams sent a formal notice to its shareholders, stating that a meeting would be held to consider "[t]he authorization ... of the proposed disposition of substantially all of [its] assets" (emphasis added). In reliance thereon, petitioner chose to exercise her appraisal rights under Business Corporation Law § 910 (a) instead of, for example, seeking to enjoin the transaction. Hence, Williams is estopped from denying that it disposed of substantially all of its...

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