Frankel v. 447 Central Park West Corp.

The basis of the application to set aside the alleged election of directors and for other relief was that the annual meeting of stockholders, which took place at three p. m. on February 15, 1941, was illegal and void because less than ten days’ notice of the meeting had been given to the petitioner, in violation of section 45 of the Stock Corporation Law. In opposition to the motion the respondents urged that the petitioner had participated in the proceedings held at the annual meeting. This was denied in the reply affidavits submitted on behalf of the petitioner. In view of the “ sharp…