FEIN v. STARRETT TELEVISION CORP.


280 A.D. 670 (1952)

Mitchell Fein et al., Respondents, v. Starrett Television Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 12, 1952.


Attorney(s) appearing for the Case

George Trosk of counsel (Nathan A. Markowitz and Harry Mandell with him on the brief; Nathan A. Markowitz, attorney), for appellants.

Milton Paulson for respondents.

PECK, P. J., and BREITEL, J., concur with VAN VOORHIS, J.; COHN and CALLAHAN, JJ., dissent and vote to modify the judgment, in opinion.


VAN VOORHIS, J.

Defendants appeal from a judgment vacating, on the ground of fraud, transfer of 49% of the common stock of defendant Starrett Television Corporation (hereafter called Starrett) from plaintiffs to defendant Jacob Freidus (hereafter called defendant).

Plaintiffs supplied the know-how and defendant the money for the development of the business of Starrett. Fein was a mechanical engineer who...

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