Civil Procedure · MBE-tested
In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents. In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents
74 A.D.3d 1801902 N.Y.S.2d 473·New York Supreme Court, Appellate Division·2010·NY
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Opinion
In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents. In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents.
(Appeal No. 2.)
[902 NYS2d 473]
[MAJORITY]
Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 8, 2009 in a proceeding pursuant to Business Corporation Law article 11. The order denied the motion of petitioner for, inter alia, a declaration with respect to the effect of a certain amendment of the shareholders’ agreement.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Matter of El-Roh Realty Corp. (74 AD 3d 1796 [2010]). Present—Martoche, J.P., Smith, Centra, Sconiers and Pine, JJ.