MATTER OF GLEKEL (GLUCK)


30 N.Y.2d 93 (1972)

In the Matter of the Arbitration between Newton Glekel, Respondent, and Maxwell H. Gluck, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1972.


Attorney(s) appearing for the Case

Eugene Frederick Roth for appellant.

George G. Gallantz, David J. Stern and Martin H. Redish for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and GIBSON concur with Judge BERGAN; Judge JASEN dissents and votes to affirm on the opinion at the Appellate Division.


BERGAN, J.

On May 17, 1968 petitioner Glekel and respondent Gluck entered into an agreement for the purchase and sale of 90,000 shares of common stock of A. S. Beck Shoe Corporation at $35 a share. Glekel was the purchaser and Gluck the seller. Gluck retained a substantial number of shares. The agreement provided that while he held not less than 40,000 shares, both parties would vote their shares together for...

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