MATTER OF HONECKER & LUTTATI, P. C.


271 A.D.2d 362 (2000)

707 N.Y.S.2d 86

In the Matter of the Dissolution of HONECKER & LUTTATI, P. C. CAROL M. LUTTATI, Appellant; ERNEST HONECKER, Respondent.

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

Decided April 25, 2000.


Pursuant to the properly confirmed finding of a Special Referee, it was determined that petitioner was only a 30% shareholder in the tax law professional corporation in which respondent was a 70% owner. Accordingly, petitioner did not meet the 50% ownership requirement for bringing a petition for judicial dissolution due to internal dissension under Business Corporation Law § 1104 (a) (3). Leave to amend the petition to state a cause of action for oppressive conduct...

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