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ARON v. GILLMAN

309 N.Y. 157 (1955)

Ernest Aron, Appellant, v. Florence Gillman et al., as Administratrices D. B. N. of The Estate of Dora Ostroff, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Orrin G. Judd, Frank Kreitzberg and Irwin M. Rosenthal for appellant.

Jacob Krisel, Charles L. Kramer and Melvin S. Slade for respondents.

CONWAY, Ch. J., DYE, VAN VOORHIS and BURKE, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in part in an opinion in which FULD, J., concurs.

FROESSEL, J.

This appeal turns upon our construction of an agreement between plaintiff and defendants' intestate, Dora Ostroff, which provides that upon the death of one, his or her shares of stock in their jointly owned corporation shall be sold to the survivor "at the book value thereof. The parties further agree that the book value of said stock shall be determined by the most recent audit of the books...

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