Legal Opinion

In re Baumann

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1922PublishedCited by 2 opinions

Appeal by Adam Kessel, Jr., and others from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of March, 1922, as directs a substituted referee to proceed under the original order of reference as if he had been originally-designated as referee therein.

1Opinion of the Court

Smith, J.:

Under section 172 of the General Corporation Law, where the directors are equally divided respecting the management of its affairs, or if the stock of the corporation is equally divided into *137not more than two independent ownerships or interests, a petition may be made for dissolution of the corporation. In this case the petitioners owned one-half of the stock and constituted an equal half of the board of directors of the Willat Studios & Laboratories, Inc. Adam Kessel, Jr., and Charles Kessel owned the remaining half. The petition shows that the two interests are deadlocked over the…

2Cases cited3 opinions

  1. Fischer v. . LangbeinNew York Court of Appeals · 1886
  2. In re the Voluntary Dissolution of the Lenox Corp.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Fischer v. BlankNew York Supreme Court · 1894

3Cited by2 opinions

  1. In re Audio-Scriptions, Inc.Appellate Division of the Supreme Court of the State of New York · 1947
  2. In re Audio-Scriptions, Inc.Appellate Division of the Supreme Court of the State of New York · 1947

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