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MATTER OF HEISLER v. GINGRAS

90 N.Y.2d 682 (1997)

687 N.E.2d 1342

665 N.Y.S.2d 59

In the Matter of John E. Heisler, Jr., et al., Respondents, v. Michael L. Gingras et al., Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Tobin and Dempf, Albany (Kevin A. Luibrand and Jeffrey D. Gerrish of counsel), for Roemer and Featherstonhaugh, P. C., appellant, and Segel, Goldman & Mazzotta, P. C., Albany (James W. Roemer, Jr., of counsel), for Michael L. Gingras, appellant, and James W. Roemer, Jr., appellant pro se.

E. Guy Roemer, appellant pro se.

Dreyer Boyajian, L. L. P., Albany (Jill A. Dunn and William J. Dreyer of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, SMITH, CIPARICK and WESLEY concur; Judge LEVINE taking no part.

BELLACOSA, J.

Attorneys John E. Heisler, Jr. and Kenneth A. Finder sued under Business Corporation Law § 619 for judicial enforcement of their shareholder status in Roemer and Featherstonhaugh, P. C., an Albany-based law firm. The joint petition sought either to confirm a corporate election held at a shareholder meeting on March 6, 1996, or to order a new election.

At the special shareholders' meeting...

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