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MATTER OF DOHRING

142 Misc.2d 429 (1989)

In the Matter of Edward A. Dohring for the Dissolution of CVC Products, Inc., Petitioner.

Supreme Court, Monroe County.

January 25, 1989

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (William S. Brandt of counsel), for CVC Products, Inc. Harris, Beach & Wilcox (Douglas A. Foss of counsel), for petitioner.

RICHARD C. WESLEY, J.

Petitioner, a stockholder and former director, seeks dissolution of CVC Products, Inc., a Delaware corporation, under section 1104-a of the Business Corporation Law, and under the common law of New York as announced in Leibert v Clapp (13 N.Y.2d 313 [1963]). CVC has asked this court to dismiss sua sponte plaintiff's cause of action on the ground that a New

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