MATTER OF HAYES v. FESTA


202 A.D.2d 278 (1994)

612 N.Y.S.2d 824

In the Matter of William Hayes et al., Respondents, v. Frank Festa et al., Appellants, et al., Respondents

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

March 15, 1994


The argument that the subject agreement requires that a private right of division of assets be honored before a claim for dissolution under Business Corporation Law § 1104 is considered was rendered moot by a subsequent order confirming a Referee's report rendered after a full hearing on the dissolution issue and dismissing the section 1104 petition (see, Matter of Hayes v Festa, 202 A.D.2d 277 [decided herewith]).

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