Kimeldorf v. First Union Real Estate Equity & Mortgage Investments
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
On its face, this is a simple matter of the merger of two real estate ventures, First Union Real Estate Equity and Mortgage Investments (First Union) and nonparty Gotham Golf Partners, a Delaware limited partnership, to form Gotham Golf Corporation, a Delaware corporation. First Union is a real estate investment trust (REIT) organized under Ohio law.1 Under the merger plan, the common shareholders can elect to receive either $2.33 for each share or $1.98 plus a pro rata share of certain notes and a subscription right to purchase shares in the new entity.
Plaintiff…
2Cases cited11 opinions
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Auerbach v. BennettNew York Court of Appeals · 1979
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
- Aetna Insurance v. CapassoNew York Court of Appeals · 1990
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3Cited by7 opinions
- The Matter of Kenneth Cole Productions, Inc., Shareholder Litigation , Erie County Employees Retirement System v. Michael J. BlitzerNew York Court of Appeals · 2016
- Higgins v. New York Stock Exchange, Inc.New York Supreme Court · 2005
- Owen v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2007
- Erie County Employees Retirement System v. BlitzerAppellate Division of the Supreme Court of the State of New York · 2014
- Finegan Family, LLC v. 77 Horatio Street CondominiumAppellate Division of the Supreme Court of the State of New York · 2007
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