Appellate Division of the Supreme Court of the State of New York July 25, 1974 (Endicott Johnson Corp. v. Bade)

Kawe, J.

As a result of a proposed merger between petitioner, Endicott Johnson Corporation (herein designated E. J.), and McDonough Co., the court appointed an appraiser to receive evidence and recommend a decision as to the fair value of shares owned by dissenters to the proposed corporate merger. The report of the appraiser recommended, arid fixed the fair value of E. J. common stock at $45.