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Weiss v. Gordon

New York Supreme Court, Appellate Division

32 A.D.2d 279, 301 N.Y.S.2d 839 (1969)

Facts

Weiss (plaintiff) and Gordon (defendant) were the sole shareholders of a service corporation. Weiss and Gordon personally performed the services but were no longer working together. The board of directors stopped functioning either because of a deadlock or purposeful absence preventing quorum. Though the corporation remained profitable, its profits decreased and it lost personnel. Weiss petitioned for dissolution of the corporation. The trial court summarily ordered the dissolution without a hearing. Gordon appealed, arguing that no court can order dissolution without a hearing.

Rule of Law

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Issue

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Holding and Reasoning (Steuer, J.)

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Dissent (McGivern, J.)

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