Legal Opinion

Strauss v. Midtown Enterprises, Inc.

New York Supreme Court

Decided December 27, 1945Published

1Opinion of the CourtBernard Botein, J.

A stockholder of the defendant corporation, which was formed pursuant to a plan of reorganization consummated under the Burchill Act (Real Property Law, §§ 119-123) brings this action to enjoin the defendant Midtown Enterprises, Inc., from selling the Hotel Warwick until it shall have first obtained the consent in writing of the holders of'two thirds of its outstanding stock as provided in section 20 of *824the Stock Corporation Law. The plaintiff also seeks an injunction pendente lite. The prospective purchaser, A. L. Kirkaby, Inc., has by stipulation of the parties been added as a narty…

2Cases cited13 opinions

  1. Matter of TimmisNew York Court of Appeals · 1910
  2. Blaustein v. Pan American Petroleum & Transport Co.New York Court of Appeals · 1944
  3. Chelrob, Inc. v. BarrettNew York Court of Appeals · 1944
  4. Turner v. American Metal Co.Appellate Division of the Supreme Court of the State of New York · 1944
  5. Matter of Miglietta (2660 Broadway Corp.)New York Court of Appeals · 1942

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