Order unanimously reversed on the law without costs, motion granted and petition dismissed.
Memorandum:
Supreme Court erred in concluding that the offer of Steven Apple to purchase the shares of petitioner, Peter G. Apple, in Apple Rubber Products, Inc. (Apple Products) constituted an election pursuant to Business Corporation Law § 1118 that relieved petitioner of the burden of proving the allegations of oppressive conduct. Prior to the filing of the...
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