· 11/29/1984
In Re the Judicial Dissolution of Kemp & Beatley, Inc.
Citations
- 64 N.Y.2d 63
- 473 N.E.2d 1173
- 484 N.Y.S.2d 799
- 1984 N.Y. LEXIS 4784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- interpreting McKinney's Business Corporation Law § 1104-a which allows court to liquidate assets if a
- “The appropriateness of an order of dissolution is in every case vested in the sound discretion of the court considering the application.”
- appropriateness of order of involuntary dissolution of corporation under Business Corporation Law is vested in the sound discretion of the court considering application for such dissolution
- in describing the underlying facts of the case, the Court of Appeals used the phrase “leaving the employ” to refer to individuals who had in fact been terminated by their employer
- “[T]he minority shareholder whose own acts, made in bad faith and undertaken with a view toward forcing an 10 involuntary dissolution, give rise to the complained-of oppression should be given no quarter in the statutory protection.”
- “Oppression should be deemed to arise only when the majority conduct substantially defeats expectations that, objectively viewed, were both reasonable under the circumstances, and were central to the petitioner’s decision to join the venture.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cooke
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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