BUSHER v. BARRY

Index No. 655987/20. Appeal No. 13863. Case No. 2021-00525.

194 A.D.3d 540 (2021)

143 N.Y.S.3d 881

2021 NY Slip Op 03141

Meredith Busher et al., Appellants, v. Desmond T. Barry, Jr., et al., Respondents, et al., Defendant.

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

Decided May 18, 2021.


Attorney(s) appearing for the Case

Lovell Stewart Halebian Jacobson LLP, New York ( John Halebian of counsel), for appellants.

Debevoise & Plimpton LLP, New York ( Maeve L. O'Connor of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.


Plaintiffs assert a single cause of action, for common-law dissolution of nominal defendant Winged Foot Holding Corporation (the Corporation). The Corporation's sole asset and function throughout its existence has been to own a golf course and improvements leased to defendant Winged Foot Golf Club, Inc. If plaintiffs are successful, the property will be sold and the net proceeds distributed to the Corporation's shareholders. Accordingly, defendants have met their burden,...

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