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ESTATE OF RICHTER v. NOVO CORP.

43 A.D.2d 1 (1973)

Estate of Edward L. Richter, Deceased, by Albert F. Beitel, as Executor, Appellant, v. Novo Corporation, Respondent

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

November 20, 1973.

Attorney(s) appearing for the Case

George Berkowitz for appellant.

Anthony J. D'Auria of counsel (Cole & Deitz, attorneys), for respondent.

MARKEWICH, J. P., LANE and STEUER, JJ., concur in Per Curiam opinion; CAPOZZOLI, J., dissents in an opinion, in which NUNEZ, J., concurs.

Per Curiam.

Edward L. Richter in his lifetime owned the controlling shares of Wings and Wheels Express, Inc. (Wings), a corporation engaged in the air freight business. His estate desired to sell the block of stock and entered into a written contract with defendant to effect this. The defendant was engaged in a similar business and by the purchase intended to make some kind of merger of the two companies. Such a transaction...

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