Dissolution of Corporations

Supreme Court, Appellate Division, Second Department, New York.

January 23, 2013
102 A.D.3d 871, 959 N.Y.S.2d 214

Background: Our client, the executor and cotrustee of decedent’s estate commenced probate proceedings to dissolve certain corporations, which owned commercial real estate. An officer and shareholder of the corporations sought to dismiss the petition claiming the Surrogate’s Court lacked jurisdiction over the dissolution of the corporations.

Decision: The Supreme Court, Appellate Division, held that Surrogate’s Court had subject matter jurisdiction over the petition and that the order is affirmed with costs payable by the appellants personally.