Majority
p. 966In the Matter of David Elia et al., as Holders of Twenty-Five Percent of All Outstanding Shares, Appellants. Sevenson Construction Corporation et al., Respondents. (Appeal No. 1.)
Order and judgment unanimously affirmed, with costs. Memorandum: We see no reason to disturb the Referee’s finding that the directors of Sevenson Construction Corporation were not guilty of oppressive actions toward the petitioners; hence, petitioners are not entitled to relief under Business Corporation Law § 1104-a (a) (1). (Appeal from order and judgment of Supreme Court, Niagara County, McGowan, J.—corporate dissolution.) Present—Callahan, J. P., Denman, Boomer, Green and Schnepp, JJ.