Matter of Ricci v. First Time Around, Inc.

Full title: In the Matter of JOHN RICCI, Appellant, v. FIRST TIME AROUND, INC., Doing…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1985

112 A.D.2d 794 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Cattaraugus County, Crowley, J.

Present — Dillon, P.J., Hancock, Jr., Denman, Green and Pine, JJ.

Order unanimously reversed, on the law, with costs, petition reinstated and matter remitted to Supreme Court, Cattaraugus County, for a hearing, in accordance with the following memorandum: The record conclusively shows disagreement between petitioner, a 50% shareholder in respondent corporation, and the two shareholders owning the remaining 50%. It was an abuse of discretion to fail to order a hearing pursuant to Business Corporation Law § 1109 to resolve disputed issues of fact with respect to petitioner's application for judicial dissolution.