Soho Gold, Inc. v. 33 Rector Street Ltd.

Order and judgment (one paper), Supreme Court, New York County (Walter Schackman, J.), entered August 21, 1995, which, inter alia, declared that shareholder approval of the sale of the subject building was not required, granted plaintiff summary *315judgment on its first cause of action, and granted plaintiff specific performance, unanimously affirmed, with costs.

The IAS Court properly found that the sale of the subject building did not require shareholder authorization under Business Corporation Law § 909 or the contract, as it did not constitute the sale of "substantially all the assets” of the…