Logourl black

Wollman v. Littman

New York Supreme Court, Appellate Division
316 N.Y.S.2d 526 (1970)


Facts

The close corporation at issue in this case is experiencing deadlock. Two competing factions, the Nierenbergs (plaintiffs) and the Littmans (defendants), each own 50 percent of the corporation’s stock and have equal representation on the board of directors. The Nierenbergs are also affiliated with the Louis Nierenberg Corporation (LNC), which is the main supplier for the corporation. The Littmans developed the corporation’s customer base. The Littmans sued the Nierenbergs, alleging that the Nierenbergs were undermining the corporation in various ways, most significantly by trying to lure the corporation’s customers to become customers of LNC instead. In response, the Nierenbergs filed this action. They point to the other lawsuit to argue that the factions are so at odds that corporate governance has become impossible. They seek the appointment of a receiver to oversee the dissolution of the corporation. The trial court found in the Nierenberg’s favor.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Per curiam)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.