MATTER OF NEVILLE v. THERESE MARTIN


38 A.D.3d 386 (2007)

832 N.Y.S.2d 192

In the Matter of JAMES NEVILLE, as Executor of EUGENE F. MARTIN, JR., Deceased, Respondent, v. MARIE THERESE MARTIN et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 22, 2007.


The application was made by petitioner's decedent, who was a 50% owner of the subject corporation, on the ground of deadlock with respondent, the other 50% owner. A judgment granting the application and dissolving the corporation was entered February 17, 2006, from which respondent immediately appealed; the decedent died on February 24; preliminary letters were issued to petitioner on March 7; petitioner moved to be substituted on March 14; respondent cross-moved to reargue...

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