Legal Opinion
MATTER OF SUTTON v. Sutton
New York Court of Appeals
Decided June 21, 1994PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
In this CPLR article 78 proceeding, petitioners seek (1) a declaration that an amendment to the certificate of incorporation of Bag Bazaar, Ltd. is valid and (2) to compel respondent David S. Sutton, as a director of the corporation, to sign and deliver a certificate of amendment to petitioners for filing. Respondent has refused to execute the certificate, contending it is not valid because the amendment had the support of only 70% of the shareholders when the certificate of incorporation required unanimous approval. The appeal requires an interpretation of…
2Cases cited2 opinions
- Benintendi v. Kenton Hotel, Inc.New York Court of Appeals · 1945
- Sutton v. SuttonAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- Darnet Realty Associates, LLC v. 136 East 56th Street Owners, Inc.Court of Appeals for the Second Circuit · 1998
- Ench v. BreslinAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Dissolution of Validation Review Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- United States Court of Appeals, Second CircuitCourt of Appeals for the Second Circuit · 1998