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In re the Dissolution of Bronsky-Graff Orthodontics, P. C.
Citations: 270 A.D.2d 792; 705 N.Y.S.2d 711; 2000 N.Y. App. Div. LEXIS 3343
Court: Appellate Division of the Supreme Court of the State of New York; March 29, 2000; New York; State Appellate Court
Appeal from a Supreme Court decision in Broome County denied Donald A. Bronsky's motion to discontinue a proceeding regarding the dissolution of Bronsky-Graff Orthodontics, P.C. and B.G. Realty, LLC, which he initiated alongside Peter T. Bronsky. The professional corporation was formed in 1984, with each partner holding one-third of the shares. In 1993, an agreement for the buyout of Donald's interests was established in anticipation of his retirement. However, disputes arose leading to Donald and Peter forming a competing orthodontic practice in 1997, prompting the dissolution petition against the original corporations. Respondent counterclaimed against Donald and Peter for various corporate wrongdoings and sought to rescind the buyout agreement. After Donald sought to withdraw his petition and requested a receiver to hold funds for his claim under the buyout agreement, the opposing parties argued that discontinuance would prejudice them, as it would eliminate their counterclaims and potentially leave Bronsky without adequate shares to continue the dissolution process. The Supreme Court affirmed the denial of Donald's motion, emphasizing the trial court's discretion in such matters. It noted that allowing the withdrawal would significantly prejudice the opposing parties and disrupt the ongoing legal proceedings, as counterclaims would be extinguished and necessitate new actions. The court concluded that there was no abuse of discretion in the denial of the motion, affirming the orders without costs.