Legal Opinion

In re Apple

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

Decided February 2, 1996PublishedCited by 4 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Supreme Court erred in concluding that the offer of Steven Apple to purchase the shares of petitioner, Peter G. Apple, in Apple Rubber Products, Inc. (Apple Products) constituted an election pursuant to Business Corporation Law § 1118 that relieved petitioner of the burden of proving the allegations of oppressive conduct. Prior to the filing of the petition pursuant to Business Corporation Law § 1104-a, Steven exercised the option to purchase Peter’s shares under the terms provided for in…

2Cases cited3 opinions

  1. Ingle v. Glamore Motor Sales, Inc.New York Court of Appeals · 1989
  2. Gallagher v. LambertNew York Court of Appeals · 1989
  3. Alleman v. Sunrest Health Facilities, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. Gunderson v. Alliance of Computer Professionals, Inc.Court of Appeals of Minnesota · 2001
  2. Williamson v. Williamson, Picket, Gross, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Dissolution of Can Plant Maintenance, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Hanley v. HanleyNew York Supreme Court · 2019

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