Citation Numbers: 50 A.D.2d 923
Filed Date: 12/31/1975
Status: Precedential
Modified Date: 1/12/2022
— In a proceeding inter alia to fix the fair value of certain stock, petitioner appeals from so much of an order-judgment of the Supreme Court, Westchester County, dated March 20, 1975, as (1) fixed the value of the stock, (2) denied an allowance for interest, (3) assessed half of the costs and expenses of the appraiser against him and (4) denied his application for counsel fees and the expenses of an expert. Order-judgment affirmed insofar as appealed from, without costs upon the opinion of Mr. Justice Sirignano at Special Term. Cohalan, Christ and Munder, JJ., concur; Hopkins, Acting P. J., concurs as to that portion of the order-judgment which fixed the valuation of the stock, but otherwise dissents and votes to remand the proceeding to Special Term in accordance with the following memorandum, in which Brennan, J., concurs: Whether petitioner acted in good faith under the statute (Business Corporation Law, § 623) must be determined as of the time the offer was made to and refused by petitioner. Certainly, a strong indication that petitioner was acting in good