Judith R. Brenner, Plaintiff-Respondent v. Howard Berkowitz, Ruth Berkowitz, and Arbee Associates, Inc., a New…

Summary

The Supreme Court of New Jersey held that N.J.S.A. 14A:12-7(1)(c) is written in disjunctive terms, so fraud or illegality alone can trigger the statute without a showing of oppression, and that the misconduct need not be ongoing. The Court further clarified that the statute’s remedies are discretionary, that a court may order an involuntary buy‑out in appropriate circumstances, and that attorney’s fees under §14A:12-7(10) do not apply here.