Opinion
May 17, 1994
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Under Business Corporation Law § 1118, the award of interest, and its rate, are expressly made discretionary with the court, and should be refused if the petitioner has acted in bad faith (Matter of Blake v. Blake Agency, 107 A.D.2d 139, 150, lv denied 65 N.Y.2d 609). We agree with the IAS Court that petitioner's frivolous reliance on the voting trust agreement held void in the prior Illinois action evidenced his bad faith.
Concur — Ellerin, J.P., Ross, Nardelli and Williams, JJ.