Tigler v. Peskin

OPINION OF THE COURT

Edward J. Greenfield, J.

Petitioners in this special proceeding for corporate dissolution pursuant to section 1104 of the Business Corporation Law ask this court for provisional relief by way of a declaratory judgment pendente lite.

The parties are three equal shareholders of the firm of Harvard, Peskin & Edrick, Inc., an advertising agency. Their shareholders’ agreement requires that major corporate changes be done only on unanimous approval. Tigler and Edrick are desirous of consolidating the corporation with a larger agency. Respondent Peskin is resolutely opposed.

Petition…