WHITAKER v. KOWALSKI


33 N.Y.2d 661 (1973)

Andrew R. Whitaker, Appellant, v. John P. Kowalski et al., Respondents.

Court of Appeals of the State of New York.

Decided October 11, 1973.


Attorney(s) appearing for the Case

Douglas S. Gates, Henry W. Williams, Jr. and David C. Boysen for appellant.

Paul C. Stolzenfels for respondents.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, JONES and WACHTLER. Taking no part: Judge GABRIELLI.


Order modified, without costs, by reinstating the judgment of Supreme Court, Monroe County, and, as so modified, affirmed. The record does not support the finding by the Appellate Division that there actually was a "discrepancy between the assets listed on the schedule attached to the purchase contract as cash on hand of $4,000 and the amount of cash actually in the corporation's possession and turned over to the receiver * * * shortly before the purchase contract was executed...

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