Matter of Weingarten v Thirty-First St. Realty Corp.

Matter of Weingarten v Thirty-First St. Realty Corp. 2009 NY Slip Op 09481 [68 AD3d 1009] December 15, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Victor Weingarten, Respondent,
v
Thirty-First Street Realty Corporation et al., Respondents, and Fred Weingarten, Appellant.

—[*1] Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, N.Y. (Edward J. Boyle and William J. Kelly of counsel), for appellant. Chadbourne & Parke LLP, New York, N.Y. (Thomas J. Hall and Eric Twiste of counsel), for petitioner-respondent.

In a proceeding pursuant to Business Corporation Law § 1104-a for the judicial dissolution of a closely-held corporation, Fred Weingarten appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered October 28, 2008, as denied that branch of his motion, made jointly with the estate of Jacob Popovic, which was pursuant to Business Corporation Law § 1118, inter alia, for leave to elect to purchase the shares representing the petitioner's minority interest in the corporation.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances presented here, the Supreme Court providently exercised its discretion in denying that branch of the motion of the appellant, Fred Weingarten, made jointly with the estate of Jacob Popovic, which was pursuant to Business Corporation Law § 1118, inter alia, for leave to elect to purchase the shares representing the petitioner's minority interest in Thirty-First Street Realty Corporation (hereinafter the corporation), where the motion was made more than 90 days after the date of the filing of the petition (see Business Corporation Law § 1118 [a]; see e.g. Matter of Vetco, Inc., 260 AD2d 642 [1999]). Skelos, J.P., Florio, Balkin and Leventhal, JJ., concur.