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IN THE MATTER OF NEVILLE v. MARTIN

29 A.D.3d 444 (2006)

815 N.Y.S.2d 91

In the Matter of JAMES NEVILLE, as Executor of EUGENE F. MARTIN, JR., Deceased, Holder of One-Half of All Outstanding Shares Entitled to Vote in an Election of Directors, Respondent, v. MARIE THERESE MARTIN, Appellant, et al., Respondent.

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

May 23, 2006.

The grant of the dissolution petition pursuant to Business Corporation Law § 1104 (a) (2) was proper given the record evidence of dissension between the two 50% shareholders of the subject close corporation. This evidence left no doubt that the corporation could not continue to function effectively (see Matter of Gordon & Weiss, 32 A.D.2d 279, 281 [1969]). That the dissension had...

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