In re the Dissolution of Can Plant Maintenance, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this proceeding for judicial dissolution pursuant to Business Corporation Law § 1104-a, respondent contends that Supreme Court erred in denying its motion to dismiss the petition pursuant to CPLR 404 (a). We disagree. Petitioner, a 49% shareholder of respondent corporation, alleges that he was wrongfully discharged from his employment with respondent and wrongfully excluded from corporate affairs. Those allegations, if proven, are sufficient to establish “oppressive…