ANOSTARIO v. VICINANZO


56 A.D.2d 406 (1977)

Paul A. Anostario, Appellant, v. Vincent E. Vicinanzo et al., Respondents

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

March 31, 1977


Attorney(s) appearing for the Case

Gordon, Gordon & Siegel (Arnold M. Gordon of counsel), for appellant.

Richard T. Horigan for respondents.

KOREMAN, P. J., SWEENEY and LARKIN, JJ., concur with KANE, J.; MAHONEY, J., dissents and votes to affirm in a separate opinion.


KANE, J.

In this action for specific performance and related relief, plaintiff alleged that although he had an agreement with the defendant whereby they were to purchase certain realty through the vehicle of a corporation in which each was to become an equal shareholder, the defendant wrongfully breached the same and completed the transaction for his own benefit. Defendant denied making such an agreement and...

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