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MATTER OF CAMPBELL v. McCALL'S BRONXWOOD FUNERAL HOME, INC.

8078. 17384/07. 300513/10. 83796/10.

168 A.D.3d 451 (2019)

89 N.Y.S.3d 625

2019 NY Slip Op 00182

In the Matter of Hugh W. Campbell, Appellant, v. McCall's Bronxwood Funeral Home, Inc., Respondent. Hugh W. Campbell, Appellant, v. Jeffrey D. Buss, Esq., et al., Respondents. (And a Third-Party Action.)

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

Decided January 10, 2019.

In determining whether involuntary dissolution under section 1104-a of the Business Corporation Law is warranted, the Court must consider (1) whether liquidation "is the only feasible means whereby [a] petitioner[ ] may reasonably expect to obtain a fair return on [her] investment; and (2) [w]hether liquidation . . . is reasonably necessary for the protection of the rights and interests of any substantial number of shareholders...

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