Garay v. Langer

Appellate Division of the Supreme Court of New York

Garay v. Langer

37 A.D.2d 545

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 22, 1971

StatusPublished

This text of 37 A.D.2d 545 (Garay v. Langer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garay v. Langer, 37 A.D.2d 545 (N.Y. Ct. App. 1971).

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Opinion

Order, Supreme Court, New York County, entered on April -23, 1971, in a proceeding for corporate dissolution, denying petitioners’ motion for summary judgment, unanimously reversed, on the law, without costs and without disbursements, and the motion granted. Petitioners own % and respondents % of the outstanding capital stock of Yorkville Associates. They also constitute all of the directors of Yorkville. The corporation’s charter and by-laws require unanimous consent of directors and shareholders as to all corporate matters. In 1967 respondent, Martin Langer, commenced a stockholders’ derivative suit against petitioners and a temporary receiver was appointed therein. That action is still pending and that receiver is still in possession. The dispute between the two family factions has rendered it impossible for the corporation to function. All of the grounds for dissolution provided for in subdivision (a) of section 1104 of the Business Corporation Law are undeniably present here. No contested issues of fact have been shown, and, accordingly, no hearing is necessary. (Matter of Gordon & Weiss, 32 A D 2d 279.) Concur — Stevens, P. J., Capozzoli, MeGivern, Markewich and Tilzer, JJ.

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Order, Supreme Court, New York County, entered on April -23, 1971, in a proceeding for corporate dissolution, denying petitioners’ motion for summary judgment, unanimously reversed, on the law, without costs and without disbursements, and the motion granted. Petitioners own % and respondents % of the outstanding capital stock of Yorkville Associates. They also constitute all of the directors of Yorkville. The corporation’s charter and by-laws require unanimous consent of directors and shareholders as to all corporate matters. In 1967 respondent, Martin Langer, commenced a stockholders’ derivative suit against petitioners and a temporary receiver was appointed therein. That action is still pending and that receiver is still in possession. The dispute between the two family factions has rendered it impossible for the corporation to function. All of the grounds for dissolution provided for in subdivision (a) of section 1104 of the Business Corporation Law are undeniably present here. No contested issues of fact have been shown, and, accordingly, no hearing is necessary. (Matter of Gordon & Weiss, 32 A D 2d 279.) Concur — Stevens, P. J., Capozzoli, MeGivern, Markewich and Tilzer, JJ.

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Bluebook (online)

37 A.D.2d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garay-v-langer-nyappdiv-1971.