Legal Opinion
In re the Dissolution of 3260 Perry Ave. Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1954PublishedCited by 5 opinions
1Per curiam
The petition alleges an equal division of stock ownership and stagnation of corporate policy and activity, and seeks a dissolution of the corporation pursuant to section 103 of the General Corporation Law. The answering papers raise issues of fact which indicate that the decision on the question of dissolution will likely call for a nice judgment and sound discretion.
Decision in such a situation should be reached and rendered by the court rather than by a referee. A referee functions primarily as an aid to the court and the responsibility of decision remains with the court. ' In corporate…
2Cases cited1 opinion
- In re the Voluntary Dissolution of Seamerlin Operating Co.New York Court of Appeals · 1954
3Cited by5 opinions
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
- In re Second Avenue Roumanian Kretchma, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
- In re the Dissolution of Whitehall Art Co.Appellate Division of the Supreme Court of the State of New York · 1958
- In re Sutter French Confections, Inc.Appellate Division of the Supreme Court of the State of New York · 1962
- Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. StateNew York Court of Appeals · 1990