Gimpel v. Bolstein

OPINION OF THE COURT

Arthur W. Lonschein, J.

Robert Gimpel is a shareholder in Gimpel Farms, Inc. Believing himself oppressed by the conduct of his fellow shareholders, he has brought a petition to dissolve the corporation pursuant to section 1104-a of the Business Corporation Law and a derivative action pursuant to section 626 of the Business Corporation Law. The corporation and his fellow shareholders move to consolidate and dismiss both suits for failure to state a cause of action. Both sides have, however, urged the court to treat the motion to dismiss as one for summary judgment, and have…