Warde-McCann v. Commex, Ltd.

— In a proceeding .pursuant to Business Corporation Law § 1104-a for the dissolution of a corporation, the appeal is from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered January 27, 1987, which dismissed the proceeding on its own motion.

*542Ordered that the judgment is affirmed, with costs.

The petitioner, who owns 33Vá% of the outstanding shares in a Delaware corporation, commenced a dissolution proceeding pursuant to Business Corporation Law § 1104-a (a) (1), based on illegal, fraudulent or oppressive actions by the directors and those in control of the corporation…