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Matter of DiMino v. DeVeaux Services, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 943 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Denman, P.J., Green, Lawton, Balio and Fallon, JJ.


Order unanimously affirmed with costs. Memorandum: In this proceeding pursuant to Business Corporation Law § 1104-a, petitioner seeks dissolution of respondent De Veaux Services, Inc. (De Veaux) on the ground that respondents have engaged in oppressive conduct toward him. Supreme Court properly denied the motion of De Veaux and respondent Nicoletti (respondents) to dismiss the petition for failure to state a cause of action. The allegations of petitioner that respondents abruptly cut off his weekly salary, bonuses and other perquisites, denied him unrestricted access to corporate records and facilities, prevented his active participation in the business and terminated the employment of his family members are sufficient to state a cause of action for involuntary dissolution ( see, Matter of Kemp Beatley, 64 N.Y.2d 63, 72-73; Matter of Burack [I. Burack, Inc.], 137 A.D.2d 523, 526, lv dismissed 73 N.Y.2d 851; Matter of Wiedy's Furniture Clearance Ctr. Co., 108 A.D.2d 81, 84; Matter of Gene Barry One Hour Photo Process, 111 Misc.2d 559, 564-565). (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Business Corporation Law.)


Summaries of

Matter of DiMino v. DeVeaux Services, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 943 (N.Y. App. Div. 1997)
Case details for

Matter of DiMino v. DeVeaux Services, Inc.

Case Details

Full title:In the Matter of ALPHONSO I. DiMINO, Respondent, v. DEVEAUX SERVICES…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 943 (N.Y. App. Div. 1997)
661 N.Y.S.2d 550

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