Hayes v. Festa

—Appeal from order, Supréme Court, Queens County (Stanley Katz, J.), entered on or about March 20, 1992, which, insofar as appealed from, denied respondents’ cross motion to dismiss the Business Corporation Law § 1104 petition for judicial dissolution and to compel specific performance, unanimously dismissed as academic, without costs.

The argument that the subject agreement requires that a private right of division of assets be honored before a claim for dissolution under Business Corporation Law § 1104 is considered was rendered moot by a subsequent order confirming a Referee’s report…