John Luther & Sons Co. v. Geneva Builders & Trade Ass'n

Order unanimously affirmed, with costs. Memorandum: In this proceeding petitioners have unsuccessfully sought dissolution of respondent corporation under section 1102 (subd [a], par [2], cls [C], [D], [E]) of the Not-For-Profit Corporation Law, to wit, on the grounds of the existence of internal dissension (C), of looting and wasting of respondent’s assets by its directors or members, perpetuating the corporation solely for their personal benefit and otherwise acting in an illegal and oppressive manner (D), and that respondent can no longer carry out its corporate purposes (E). Respondent’s…