Kahn & Jacobs, P. C. v. Nyquist

This is an article 78 proceeding brought by the petitioner, Kahn & Jacobs, P. 0., for an order directing the respondent, Commissioner of Education, to certify petitioner’s certificate of amendment to its certificate of incorporation on the grounds that his refusal to do so is arbitrary, capricious and unreasonable.

Kahn & Jacobs was incorporated as a professional service corporation pursuant to article 15 of the Business Corporation Law on December 28, 1972, for the purpose of practicing the profession of architecture.

The shareholders of Kahn & Jacobs voted to and did accept offers by Messrs.…