Legal Opinion

Ferolito v. Vultaggio

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 2012Published

1Opinion of the Court

*22OPINION OF THE COURT

Sweeny, J.

These are four related appeals from orders deciding motions made in the litigation involving the AriZona Iced Tea business and its principal operating company, Beverage Marketing USA, Inc. (BMU). The first order denied plaintiff/petitioner John M. Ferolito’s motion for a declaration that BMU’s election to purchase his shares of stock was invalid. Ferolito also appeals from the denial of his motion to disqualify Cadwalader, Wicker-sham & Taft LLP (Cadwalader) as counsel to BMU and from the order dismissing a common-law derivative dissolution proceeding brought…

2Cases cited26 opinions

  1. In Re the Judicial Dissolution of Kemp & Beatley, Inc.New York Court of Appeals · 1984
  2. In re Pace Photographers, Ltd.New York Court of Appeals · 1988
  3. Leibert v. ClappNew York Court of Appeals · 1963
  4. In Re the Dissolution of Penepent Corp.New York Court of Appeals · 2001
  5. Lemle v. LemleAppellate Division of the Supreme Court of the State of New York · 2012

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