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Matter of Venice Amusement Corporation

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1961
14 A.D.2d 742 (N.Y. App. Div. 1961)

Opinion

October 10, 1961


Order entered on June 13, 1961, granting petitioner's motion to have the court entertain the petition for a dissolution under section 103 of the General Corporation Law, unanimously reversed, on the law and in the exercise of discretion, without costs, the order vacated and the matter remanded for reconsideration to the Justice at Special Term who made the order. The position of the parties, as developed by the argument of counsel on this appeal, appears to be such as to evidence agreement that the corporation be sold as a going business, but under judicial supervision. In the light of this apparent agreement the matter is remitted to Special Term for reconsideration. In the event that upon such reconsideration the court determines a statutory hearing to be in order, such hearing should be held before the court rather than a Referee. Appeal from order entered on June 13, 1961, denying reargument, unanimously dismissed, without costs, the order being nonappealable.

Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.


Summaries of

Matter of Venice Amusement Corporation

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 1961
14 A.D.2d 742 (N.Y. App. Div. 1961)
Case details for

Matter of Venice Amusement Corporation

Case Details

Full title:In the Matter of VENICE AMUSEMENT CORPORATION, Appellant. RONI C. KEHOE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 10, 1961

Citations

14 A.D.2d 742 (N.Y. App. Div. 1961)

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