Trio Asbestos Removal Corp. v. Marinelli

*1009The Supreme Court properly denied the petitioner’s cross motion, inter alia, to confirm a valuation of the respondent’s shares provided by the petitioner’s accountants, inasmuch as that valuation was not the independent work of the “accountants servicing the [petitioner] Corporation,” as required by section 3.4 (d) of the shareholders agreement (see Matter of Trio Asbestos Removal Corp. v Marinelli, 37 AD3d 475, 477 [2007]). Moreover, the Supreme Court properly dismissed the proceeding on the ground that the petitioner breached the subject shareholders’ agreement by repeatedly failing to…