Search for: "Matter of Weingarten v Thirty-First St. Realty Corp."
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5 Nov 2018, 3:21 am
In Matter of Weingarten (Thirty First Street Realty Corp.), which was affirmed on appeal, the court denied the respondents’ request, made about 15 months after the petition was filed, for authorization to purchase the petitioner’s shares under § 1118, finding that the respondents offered no excuse for their failure to timely exercise the right of election, and that there was no indication that continuing the corporation… [read post]
13 Feb 2023, 4:55 am
The Scarce Appellate Case Law on Untimely Buyout Elections As far as I can tell there are just three Appellate Division decisions addressing courts’ discretion to allow untimely BCL § 1118 elections, two affirming denial of untimely elections, one affirming the grant of a late election: Matter of Weingarten v Thirty-First St. [read post]
