Alshor Realty Corp., Matter of

• Decision Date: 20 May 1957
• Citation: 163 N.Y.S.2d 1021,3 A.D.2d 932
• Parties: In the Matter of the Application for the Dissolution of ALSHOR REALTY CORP., a corporation. Sidney Frenchman, George Frantzman, Benjamin Wein, Leo Frantzman, Philip Cohen and Jack Schaefer, appellants; Al Meyers and Edward Shoher, respondents.
• Court: New York Supreme Court — Appellate Division

Page 1021

163 N.Y.S.2d 1021

3 A.D.2d 932

In the Matter of the Application for the Dissolution of

ALSHOR REALTY CORP., a corporation.

Sidney Frenchman, George Frantzman, Benjamin Wein, Leo

Frantzman, Philip Cohen and Jack Schaefer,

appellants; Al Meyers and Edward Shoher,

respondents.

Supreme Court of New York, Appellate Division,

Second Department.

May 20, 1957.

Herbert Shiff, New York City, Leo Kotler, New York City, on the brief, for appellants.

James V. Altieri, New York City, Jay Kushner, New York City, on the brief, for respondents.

In a proceeding for the voluntary dissolution of a corporation pursuant to article 9 of the General Corporation Law, the appeals are (1) from an order dated January 4, 1957 referring the matter to a referee to hear and report on three questions, (a) Are the directors of Alshor Realty Corp. unable to agree on a matter of corporate management, (b) Would dissolution be noninjurious to the public, and (c) Would dissolution be beneficial to the shareholders, and (2) from so much of an order dated February 21, 1957 as denied a motion to vacate a notice to examine appellant Benjamin Wein before trial.

Order dated January 4, 1957, and order dated February 21, 1957 insofar as appealed from affirmed, with $10 costs and disbursements. The examination before trial shall proceed on five days' notice, see Matter of Sahara Beach Club [Frenchmen-Meyers], App.Div., 163 N.Y.S.2d 315.

NOLAN, P. J., and WENZEL, BELDOCK, HALLINAN and KLEINFELD, JJ., concur.