As so modified, the order is affirmed, with $10 costs and disbursements to defendant. Judgment vacated, without costs, and with leave to plaintiff to enter a new judgment in conformity herewith, dismissing the second or "further" counterclaim designated in defendant's answer only.
In November, 1945, prior to the formation of a close corporation, plaintiff and defendant's intestate (the sole and equal stockholders) entered into a stockholders' agreement which provided...
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