Legal Opinion
Martin Enterprises, Inc. v. Janover
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1988PublishedCited by 8 opinions
1Opinion of the Court
The petition seeking dissolution of the respondent corporation pursuant to Business Corporation Law § 1104-a was properly dismissed on the ground of lack of standing. Prior to commencement of the dissolution proceeding, the petitioner Betheny Janover was divested of her interest in the corporation under an option agreement for repurchase of stock entered into between the founder of the closely held corporation and his three children, including Betheny. Since the petitioner was not a shareholder entitled to vote, she was without standing to bring a proceeding to dissolve the corporation (see,…
2Cases cited5 opinions
- De Kovessey v. Coronet Properties Co.New York Court of Appeals · 1987
- Health Delivery Systems, Inc. v. ScheinmanAppellate Division of the Supreme Court of the State of New York · 1973
- Novik v. Bartell Broadcasters of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- In re the Estate of McManusAppellate Division of the Supreme Court of the State of New York · 1981
- Central Trust Co. v. Eastman Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- In Re the Dissolution of Penepent Corp.New York Court of Appeals · 2001
- Notz v. Everett Smith Group, Ltd.Wisconsin Supreme Court · 2009
- Baye v. Airlite Plastics Co.Nebraska Supreme Court · 2000
- William H. Burke, Cross-Appellant v. Gus Bevona, as President of Local 32b-32j, Service Employees International Union, Afl-Cio, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 1999
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