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OCHS v. FITZMORRIS

51 A.D.2d 583 (1976)

Stanley G. Ochs, Appellant-Respondent, v. Paul E. Fitzmorris et al., Respondents-Appellants, et al., Defendant

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

January 26, 1976

Order affirmed, with costs to respondents-appellants.

Under the facts of this case, it would be inequitable to permit plaintiff to be freed from that portion of the stipulation which he is able to perform. As to the balance of the obligations incurred by him, which involve the issue of whether corporate assets would be so depleted as to render the corporation insolvent, the record is insufficient to determine whether the...

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