Legal Opinion

Tanzer v. Turbodyne Corp.

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

Decided June 26, 1979PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Silverman, J.

These are appeals by defendants from orders of the Supreme Court, at Special Term, granting leave to maintain the actions as class actions pursuant to CPLR 902.

The two cases raise substantially identical issues on substantially identical facts.

Both cases involve "going private”, or as plaintiffs put it "freeze-outs”, whereby two subsidiary corporations with a minority of stock publicly outstanding were merged into wholly owned subsidiaries of the parent corporations presumably created for that purpose. In both cases, the parent corporations are…

2Cases cited5 opinions

  1. Surowitz v. Hilton Hotels Corp.Supreme Court of the United States · 1966
  2. Langfelder v. Universal Laboratories, Inc.New York Court of Appeals · 1944
  3. Koster v. Shenandoah Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Mantei v. Creole Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  5. Viders v. Pennsylvania Handicapped Workers, Inc.New York Supreme Court · 1977

3Cited by23 opinions

  1. Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Hart v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Harman v. Masoneilan International, Inc.Supreme Court of Delaware · 1982
  4. Pruitt v. Rockefeller Center Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Simon v. Cunard Line Ltd.Appellate Division of the Supreme Court of the State of New York · 1980

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