Albany-Plattsburgh United Corp. v. Bell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be modified, without costs, by denying plaintiff’s motion for summary judgment and remitting to Supreme *950Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

The part of the controversy before us concentrates on the status of defendant Bell’s shareholder appraisal rights in Norpco Restaurant, Inc. It arises out of the purported merger of Norpco into plaintiff Albany-Plattsburgh United Corporation (APUC).

Appellant Bell was a minority shareholder in two…