Ricci v. First Time Around, Inc.

Appellate Division of the Supreme Court of New York

Ricci v. First Time Around, Inc.

112 A.D.2d 794, 492 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 56040

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

DecidedJuly 12, 1985

StatusPublished

Cited by6 cases

This text of 112 A.D.2d 794 (Ricci v. First Time Around, Inc.) 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

Ricci v. First Time Around, Inc., 112 A.D.2d 794, 492 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 56040 (N.Y. Ct. App. 1985).

Pincite

Opinion

Order unanimously reversed, on the law, with costs, petition reinstated and matter remitted to Supreme Court, Cattaraugus County, for a hearing, in accordance with the following memorandum: The record conclusively shows disagreement between petitioner, a 50% shareholder in respondent corporation, and the two shareholders owning the remaining 50%. It was an abuse of discretion to fail to order a hearing pursuant to Business Corporation Law § 1109 to resolve disputed issues of fact with respect to petitioner’s application for judicial dissolution. (Appeal from order of Supreme Court, Cattaraugus County, Crowley, J. — corporate dissolution.) Present — Dillon, P. J., Hancock, Jr., Denman, Green and Pine, JJ.

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Order unanimously reversed, on the law, with costs, petition reinstated and matter remitted to Supreme Court, Cattaraugus County, for a hearing, in accordance with the following memorandum: The record conclusively shows disagreement between petitioner, a 50% shareholder in respondent corporation, and the two shareholders owning the remaining 50%. It was an abuse of discretion to fail to order a hearing pursuant to Business Corporation Law § 1109 to resolve disputed issues of fact with respect to petitioner’s application for judicial dissolution. (Appeal from order of Supreme Court, Cattaraugus County, Crowley, J. — corporate dissolution.) Present — Dillon, P. J., Hancock, Jr., Denman, Green and Pine, JJ.

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Bluebook (online)

112 A.D.2d 794, 492 N.Y.S.2d 295, 1985 N.Y. App. Div. LEXIS 56040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricci-v-first-time-around-inc-nyappdiv-1985.

Opinion

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