Docket No. 004058-12.

2014 NY Slip Op 32830(U)

JOHN M. FEROLITO and JMF INVESTMENTS HOLDINGS, INC., Plaintiffs, v. ARIZONA BEVERAGES USA LLC, AZ NATIONAL DISTRIBUTORS LLC, ARIZONA BEVERAGE COMPANY LLC, ARIZONA INTERNATIONAL, LLC, Defendants. In the Matter of the Application of John M. Ferolito, the Holder of More Than 20 Percent of All Outstanding Shares of Beverage Marketing, USA, Inc., Petitioner, For the Dissolution of Beverage Marketing, USA, Inc. JOHN M. FEROLITO and the JOHN FEROLITO, JR. GRANTOR TRUST (John M. Ferolito and Carolyn Ferolito as Co-Trustees), both individually and derivatively on behalf of Beverage Marketing USA, Inc., Plaintiffs, v. DOMENICK J. VULTAGGIO and DAVID MENASHI, Defendants.

Supreme Court, Nassau County.

October 16, 2014.


Plaintiff John Ferolito commenced this action in October 2010 seeking dissolution of Beverage Marketing USA, Inc. ("BMU") under Business Corporation Law ("BCL") § 1104-a. Defendant Domenick Vultaggio then exercised his statutory right under BCL § 1118 to purchase Ferolito's shares of BMU. In early 2011, plaintiff John Ferolito, Jr. Grantor Trust (the "Trust") joined this action by seeking common law dissolution of BMU, and also...

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