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MATTER OF DAVIS v. ALPHA PACKAGING INDUSTRIES, INC.

267 A.D.2d 384 (1999)

700 N.Y.S.2d 220

In the Matter of ROBERT DAVIS, Respondent, v. ALPHA PACKAGING INDUSTRIES, INC., et al., Appellants.

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

Decided December 20, 1999.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

This is a proceeding to dissolve Alpha Packaging Industries, Inc. (hereinafter Alpha), a closely-held corporation engaged in the manufacture of cardboard boxes. The petitioner, Robert Davis, alleged that the majority shareholder, David Zaretsky, and his two sons acted oppressively to freeze him out of the corporation. The respondents asserted as an affirmative defense that "The corporate defendant...

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