In re Hung Yuk Ong

Appellate Division of the Supreme Court of New York

In re Hung Yuk Ong

299 A.D.2d 173, 753 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 10617

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

DecidedNovember 7, 2002

StatusPublished

Cited by3 cases

This text of 299 A.D.2d 173 (In re Hung Yuk Ong) 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

In re Hung Yuk Ong, 299 A.D.2d 173, 753 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 10617 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered on or about February 11, 2002, which denied petitioner’s request to withdraw the petition, but stayed the dissolution proceeding pending an appraisal of petitioner’s shares pursuant to Business Corporation Law § 1118, unanimously affirmed, without costs.

In this proceeding brought pursuant to Business Corporation [174]*174Law §§ 1104 and 1104-a, the court properly denied petitioner permission to withdraw her petition, which she clearly sought in response to respondents’ exercise of their statutory buyout option under Business Corporation Law § 1118 (see Matter of Musilli, 134 AD2d 15). Contrary to petitioner’s argument, Fedele v Seybert (250 AD2d 519) provides no support for her position, since the pleading in that case sought common-law, rather than statutory, dissolution, and thus implicated no statutory buyout right.

We have considered petitioner’s other contentions and find them unavailing. Concur — Tom, J.P., Rosenberger, Friedman and Gonzalez, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered on or about February 11, 2002, which denied petitioner’s request to withdraw the petition, but stayed the dissolution proceeding pending an appraisal of petitioner’s shares pursuant to Business Corporation Law § 1118, unanimously affirmed, without costs.

In this proceeding brought pursuant to Business Corporation [174]*174Law §§ 1104 and 1104-a, the court properly denied petitioner permission to withdraw her petition, which she clearly sought in response to respondents’ exercise of their statutory buyout option under Business Corporation Law § 1118 (see Matter of Musilli, 134 AD2d 15). Contrary to petitioner’s argument, Fedele v Seybert (250 AD2d 519) provides no support for her position, since the pleading in that case sought common-law, rather than statutory, dissolution, and thus implicated no statutory buyout right.

We have considered petitioner’s other contentions and find them unavailing. Concur — Tom, J.P., Rosenberger, Friedman and Gonzalez, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

299 A.D.2d 173, 753 N.Y.S.2d 360, 2002 N.Y. App. Div. LEXIS 10617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hung-yuk-ong-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack