Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing and a new determination in accordance herewith.
"Section 1104-a Bus. Corp. of the Business Corporation Law, enacted in 1979, provides minority shareholders in close corporations with protection from oppressive conduct by majority interests" ( Matter of Seagroatt Floral Co. [Riccardi], 78 N.Y.2d 439, 444). The appropriateness of an order of dissolution pursuant to Business Corporation Law § 1104-a "is in every case vested in the sound discretion of the court considering the application" ( Matter of Kemp Beatley [Gardstein], 64 N.Y.2d 63, 73). In the present case, in view of the parties' conflicting assertions, the Supreme Court should have held an evidentiary hearing ( see, Matter of Kemp Beatly [Gardstein], supra, at 73-75; Matter of Rosen [Hofteller Enters.], 102 A.D.2d 855; Matter of Kournianos [H.M.G., Inc.], 175 A.D.2d 129; see also, LaBarbera v D'Amico, 240 A.D.2d 640; Matter of Singer v. Evergreen Decorators, 205 A.D.2d 694).
Ritter, J. P., Copertino, Florio and Luciano, JJ., concur.