700 N.Y.S.2d 220 | N.Y. App. Div. | 1999
Ordered that the judgment is affirmed insofar as appealed from, with costs.
An election by a corporation to purchase the shares of a minority stockholder upon a petition for dissolution must be clear, unequivocal, and unconditional in order to relieve that stockholder of the burden of proving oppression (see, Matter of
With regard to valuation, the determination of a fact-finder as to the value of a business, if it is within the range of testimony presented, will not be disturbed on appeal where valuation of the business rested primarily on the credibility of the witnesses and their valuation techniques (see, Matter of North Star Elec. Contr.—N. Y. C. Corp., 174 AD2d 373; see also, Matter of Penepent Corp., 198 AD2d 782, 783). The trial court’s valuation of Alpha and of the petitioner’s shares is supported by the evidence. The respondents’ contrary interpretations of fact and the credibility of witnesses do not warrant disturbing the court’s determination.
The respondents’ remaining contentions are without merit. Joy, J. P., Goldstein, McGinity and Feuerstein, JJ., concur.