Legal Opinion
Davis v. Alpha Packaging Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1999PublishedCited by 5 opinions
1Opinion of the Court
Ordered that the judgment is affirmed insofar as appealed from, with costs.
An election by a corporation to purchase the shares of a minority stockholder upon a petition for dissolution must be clear, unequivocal, and unconditional in order to relieve that stockholder of the burden of proving oppression (see, Matter of *385Pace Photographers, 71 NY2d 737; Matter of Apple, 224 AD2d 1016). At bar, the so-called election was clearly conditioned on a finding by the court of grounds for dissolution. It was therefore properly treated as a nullity by the court which, after finding grounds for…
2Cases cited4 opinions
- In re Pace Photographers, Ltd.New York Court of Appeals · 1988
- In re the Dissolution of Wiedy's Furniture Clearance Center Co.Appellate Division of the Supreme Court of the State of New York · 1985
- In re the Dissolution of North Star Electrical Contracting—N.Y.C. Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Wolff v. WolffAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- G & G Fashion Design, Inc. v. GarciaDistrict Court of Appeal of Florida · 2004
- In re USA Nutritionals, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Dodd v. Potomac Riverside Farm, Inc.West Virginia Supreme Court · 2008
- Collision Depot, Inc. v. ZigmanAppellate Division of the Supreme Court of the State of New York · 2002
- DeAngelis v. AVC Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008