Topper v. Park Sheraton Pharmacy, Inc.

OPINION OF THE COURT

Norman C. Ryp, J.

a. ISSUE

What “oppressive actions” by controlling corporate shareholders justify involuntary judicial dissolution or “buy out” purchase of 20% or more minority shares under newly enacted sections 1104-a, 1111 (subd [b], par [3]) and 1118 (subds [a], [b]) of the Business Corporation Law (L 1979, ch 217, §§ 1-3, eff June 11, 1979)?

This legislative application of corporate minority rights summons court expression upon issues of first impression.

In both these motions No. 145 and No. 146 of May 29, 1980, consolidated herein for disposition, the petitioner *26Myron…