Opinion
May 15, 1967
Order-judgment of the Supreme Court, Queens County, dated January 5, 1967, which (1) denied petitioners' motion to reinstate this proceeding for the judicial dissolution of a corporation pursuant to article 11 of the Business Corporation Law and (2) dismissed the petition for dissolution on the merits, modified by striking out the words "on the merits" from the last decretal paragraph. As so modified, order-judgment affirmed insofar as appealed from, without costs. In our opinion, the stipulation between the parties and the circumstances herein barred the court from determining the proceeding on the merits. Ughetta, Acting P.J., Brennan, Rabin, Benjamin and Munder, JJ., concur.