Opinion
March 15, 1994
Appeal from the Supreme Court, Queens County (Stanley Katz, J.).
The argument that the subject agreement requires that a private right of division of assets be honored before a claim for dissolution under Business Corporation Law § 1104 is considered was rendered moot by a subsequent order confirming a Referee's report rendered after a full hearing on the dissolution issue and dismissing the section 1104 petition (see, Matter of Hayes v Festa, 202 A.D.2d 277 [decided herewith]).
Were we to reach the merits we would find that appellants' interpretation of the subject agreement would void the express exception for involuntary dissolution by rendering it meaningless.
Concur — Rosenberger, J.P., Asch, Rubin, Williams and Tom, JJ.