McGowan v. Grand Island Transit Corp.

Order unanimously reversed, with costs, and petition dismissed. Memorandum: Petitioner McGowan, a holder of two shares in respondent Grand Island Transit Corporation, was notified that a shareholder’s meeting would be held on December 10, 1979 to vote on a proposed plan of merger. Prior to the meeting petitioner notified respondent by letter that he objected to the merger and requested that the corporation purchase his shares. Petitioner appeared at the meeting, objected to the plan of merger and indicated he would exercise his right of dissent. The merger plan was approved and notice of…