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LaBARBERA v. D'AMICO

240 A.D.2d 640 (1997)

659 N.Y.S.2d 96

Frank R. LaBarbera, Appellant, v. Vincent M. D'Amico et al., Respondents. (Matter No. 1.) In the Matter of Frank R. Labarbera, Appellant. Vincent M. D'Amico, Respondent. (Matter No. 2.)

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

June 23, 1997

Ordered that the order as amended is reversed, on the law, with costs, and the motion for summary judgment is denied as to both defendants.

In his petition the plaintiff/petitioner, Frank R. LaBarbera, sufficiently pleaded a cause of action for dissolution under Business Corporation Law § 1104-a (a) (1) and (2) (see, Matter of HGK Asset Mgt., 228 A.D.2d 246), the allegations of which, if borne out, would entitle...

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