EINBINDER v. ANCOWITZ


38 A.D.2d 721 (1972)

Joseph Einbinder, Appellant, v. Arthur Ancowitz, Respondent

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

January 10, 1972


Judgment modified, on the law, by adding a provision thereto declaring that the agreement between the parties was not usurious and void and that plaintiff is not entitled to a mandatory injunction directing the redelivery of the subject corporate stock. As so modified, judgment affirmed, without costs.

The findings of fact below are affirmed. In our opinion, the trial court was correct in its determination that plaintiff had not met the burden of proof imposed on...

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