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In the Matter of the Application of Mui

No Summary Judgment for Company Dissolution For Factual Dispute Over Owners Acts

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*1 This is a proceeding by the administrator of the estate of Peter Mui seeking, inter alia, the dissolution of Yellow River, Inc. (“Yellow River” or the “Company”), a clothing importer and wholesaler in New York City in which the estate holds a 49 percent interest. Two motions are pending. In the first, the administrator moves for summary judgment on its dissolution claim, as well as the summary dismissal of the counterclaims of respondents, Yellow River and Tungtex (U.S.A) Inc. In the second motion, Yellow River and Tungtex cross-move for summary dismissal of the dissolution claim.Peter Mui died intestate on August 18, 2009, survived by his wife (petitioner) and five children. From 1988 until his death in 2009, decedent owned 49 percent of Yellow River and was the Company’s Chief Executive Officer. Tungtex owned the other 51 percent of Yellow River. According to the president of Tungtex, Lam Yiu On Alan (“Lam”), decedent was the “creative force” behind Yellow River and “irreplaceable in terms of his value to the Company.”

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