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MATTER NEW YORK WORLD'S FAIR 1964-1965 CORPORATION. MAJORITY SURVIVING DIRECTORS NEW YORK WORLD'S FAIR 1964-1965 CORPORATION (09/30/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


September 30, 1968

IN THE MATTER OF NEW YORK WORLD'S FAIR 1964-1965 CORPORATION. MAJORITY OF THE SURVIVING DIRECTORS OF THE NEW YORK WORLD'S FAIR 1964-1965 CORPORATION, APPELLANTS; ALPHONSE DE RIJDT ET AL., RESPONDENTS

Appeal by petitioners from so much of an order of the Supreme Court, Queens County, dated June 10, 1968, as permitted respondents to file a late notice of claim.

Beldock, P. J., Christ, Brennan, Benjamin and Martuscello, JJ., concur.

In our opinion, the Special Term has inherent power to permit the filing of a claim after the expiration of the time fixed therefor in an order obtained pursuant to section 56 of the Membership Corporations Law (cf. People ex rel. Attorney-General v. Security Life Ins. & Annuity Co., 79 N. Y. 267, 272); and we find no abuse of discretion in the exercise of that power here.

Disposition

 Order affirmed insofar as appealed from, with $20 costs and disbursements.

19680930

© 1998 VersusLaw Inc.



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