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In re the Dissolution of El-Roh Realty Corp.

74 A.D.3d 1801 Court N.Y. App. Div. Decision date 2010-06-11 Docket Appeal No. 2 English

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p. 1801
In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents. In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents.
(Appeal No. 2.)
[902 NYS2d 473]

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 8, 2009 in a proceeding pursuant to Business Corporation Law article 11. The order denied the motion of petitioner for, inter alia, a declaration with respect to the effect of a certain amendment of the shareholders’ agreement.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of El-Roh Realty Corp. ( 74 AD 3d 1796 [2010]). Present—Martoche, J.P., Smith, Centra, Sconiers and Pine, JJ.

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