IN THE MATTER OF NEVILLE v. MARTIN

The grant of the dissolution petition pursuant to Business Corporation Law § 1104 (a) (2) was proper given the record evidence of dissension between the two 50% shareholders of the subject close corporation. This evidence left no doubt that the corporation could not continue to function effectively ( see Matter of Gordon Weiss, 32 AD2d 279, 281). That the dissension had no appreciable impact on the firm's profitability was not a sufficient ground for the petition's denial ( see Business Corporation Law § 1111 [b] [3]; Molod v. Berkowitz, 233 AD2d 149, 150, lv dismissed 89 NY2d 1029). Since there was no real dispute that dissension and deadlock existed, no hearing was necessary ( see Matter of Gordon Weiss, 32 AD2d at 280).