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Matter of Porciello v. Sound Moves, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 467 (N.Y. App. Div. 1998)

Opinion

August 10, 1998

Appeal from the Supreme Court, Suffolk County (Mullen, J.).


Ordered that the order and judgment is affirmed, with costs.

Alleging that he was a 28% shareholder of Sound Moves, Inc., a Florida corporation, the petitioner commenced the instant proceeding pursuant to Business Corporation Law § 1104-a Bus. Corp., seeking dissolution of the corporation. The Supreme Court properly dismissed the proceeding. "It is well settled that 'a foreign corporation is controlled, as to its dissolution, by the laws of its domicile, and is not affected by laws which are intended to govern the dissolution of corporations created under local laws'" (Matter of Warde-McCann v. Commex, Ltd., 135 A.D.2d 541, 542, quoting 17A Fletcher's Cyclopedia, Corporations § 8579, at 516 [perm ed]).

In view, of our decision we need not reach the petitioner's remaining contention.

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Matter of Porciello v. Sound Moves, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 467 (N.Y. App. Div. 1998)
Case details for

Matter of Porciello v. Sound Moves, Inc.

Case Details

Full title:IN THE MATTER OF MICHAEL J. PORCIELLO, Appellant, v. SOUND MOVES, INC., et…

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

Date published: Aug 10, 1998

Citations

253 A.D.2d 467 (N.Y. App. Div. 1998)
675 N.Y.S.2d 903

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