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MATTER OF BERNFELD

2010-04992.

86 A.D.3d 244 (2011)

925 N.Y.S.2d 122

2011 NY Slip Op 5071

In the Matter of the Dissolution of MICHAEL BERNFELD, D.D.S., and YAKOV KURILENKO, D.D.S., P.C. MADELAINE BERNFELD, Appellant; YAKOV KURILENKO, Respondent.

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

Decided June 7, 2011.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, New York City ( J. Joseph Bainton of counsel), for appellant.

Anthony Agrippina , Flushing ( Sherrie A. Taylor of counsel), for respondent.

SKELOS, J.P., BALKIN and SGROI, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

In this appeal, the principal issue before the Court is whether a nonprofessional, who is the transferee of a majority of shares in a professional service corporation, may obtain judicial dissolution of the corporation pursuant to Business Corporation Law § 1103. We conclude that the nonprofessional lacks standing to seek such relief.

Michael Bernfeld and Yakov Kurilenko, both dentists, were the only shareholders...

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