In re Radom & Neidorff, Inc.

David Radom (Radom) and his brother-in-law Henry Neidorff jointly and equally owned a successful corporation; when Henry died, his shares passed to Radom's sister, Anna Neidorff (Neidorff), and the two equal stockholders soon fell into conflict — Neidorff refused to sign Radom's salary checks, and stockholder meetings couldn't elect directors due to their disagreements. Radom petitioned for dissolution under New York's General Corporation Law, conceding the corporation was solvent and successful; the trial court found an irreconcilable conflict warranting dissolution if proven, but the appellate division reversed, noting profits had increased and assets tripled while the case was pending, and that Radom's unpaid salary could be remedied without dissolving the company.