Marvin Josephson Associates, Inc. v. Randeria

Supreme Court, New York County, entered December 10, 1975, confirming a report of Special Referee McNabb, unanimously affirmed. Respondents shall recover of appellant $60 costs and disbursements of this appeal. We are in agreement with the findings of fact of the Special Referee, confirmed by Special Term, that the petitioner corporation frustrated the respondents in the exercise of their rights as dissenting shareholders. We hold therefore that, in the case at bar, there were sufficient special circumstances shown to warrant a departure from the strict requirements of subdivision (a) of…