Shareholder Group Demands Records of Syms Corp and Files Lawsuit Against the Board Of Directors Of The Company

    NEW YORK, Jan. 22 /PRNewswire/ -- A group of shareholders lead by
 Barington Capital Group, L.P. and Esopus Creek Advisors LLC that owns over
 9.8% of the outstanding shares of Syms Corp announced today that one of its
 members has delivered a letter to the Company demanding under the laws of
 the State of New Jersey a copy of the Company's shareholder register and
 other related records. This information will enable the member to determine
 whether the Company has 300 or more shareholders of record, either now or
 at any time prior to April 1, 2008.
 
     Despite the protests of shareholders, the Company delisted from the New
 York Stock Exchange (NYSE) on January 14, 2008 and is attempting to
 deregister its shares under the federal securities laws on April 1, 2008.
 As the Company noted in its December 21, 2007 Form 8-K filing, "The Company
 took such action voluntarily, based upon ownership by fewer than 300
 holders of record of its shares, and not based on its receipt of any notice
 indicating that the Company failed to satisfy any rule or standard for
 continued listing on the NYSE nor because it was aware of any material
 noncompliance with the rules of the NYSE." The Company's shares now trade
 on the pink sheets under the symbol "SYMZ."
 
     The shareholder group believes that in approving these actions, the
 Board of Directors of Syms Corp has severely damaged shareholder value.
 Since the Company announced on December 21, 2007 that it was delisting and
 deregistering its shares, the price of Syms' stock has fallen by over 42%,
 destroying over $104 million in market capitalization. Members of the
 shareholder group have therefore begun the process of registering some of
 their shares in their own names as the Company may not deregister if it has
 300 or more shareholders of record prior to April 1, 2008. The shareholder
 group encourages its fellow shareholders to contact the banks or brokerage
 firms that hold their shares and do the same. The shareholder group
 believes that there are over 1,000 shareholders of Syms Corp (most of whom
 have their shares registered in "street name" rather than in their own
 name), approximately 200 of which are currently shareholders of record.
 
     The shareholder group has also filed a lawsuit in the Superior Court of
 the State of New Jersey, Chancery Division - Bergen County, against the
 Board of Directors of the Company entitled Barington Companies Equity
 Partners, L.P., et al. v. Sy Syms, et al. The lawsuit alleges that the
 directors of Syms Corp breached their fiduciary duties in causing the
 Company to delist its common stock from the NYSE and by filing to
 deregister its shares under the federal securities laws. The lawsuit seeks,
 among other things, to enjoin the directors from causing the Company to
 deregister its common stock and to compel the directors to cause the
 Company to relist its shares on a nationwide securities exchange. While the
 shareholder group intends to vigorously pursue the litigation, there can be
 no assurance as to how, or when, it will be resolved.
 
     About Barington Capital Group:
 
     Barington Capital Group, L.P. is an investment firm that, through its
 affiliates, primarily invests in undervalued, small and mid-capitalization
 companies. Barington and its principals are experienced value-added
 investors who have taken active roles in assisting companies in creating or
 improving shareholder value. Barington and its affiliates have been
 shareholders of Syms Corp since February 2004 and own approximately 6.1% of
 the outstanding common stock of the Company.
 
     About Esopus Creek Advisors:
 
     Esopus Creek Advisors LLC is the investment advisor of Esopus Creek
 Value L.P., a private investment fund that invests on behalf of
 institutions and high net worth individuals. Esopus and/or its affiliates
 have been shareholders of Syms Corp since 2003 and own approximately 3.6%
 of the outstanding common stock of the Company.
 
 
 

SOURCE Barington Capital Group, L.P.

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