TRIGGS v. TRIGGS


46 N.Y.2d 305 (1978)

Ransford D. Triggs, Respondent, v. David W. Triggs, as Executor of Frederick Triggs, Sr., Deceased, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 27, 1978.


Attorney(s) appearing for the Case

Thomas D. Green for appellant.

William G. O'Donnell for respondent.

Chief Judge BREITEL and Judges JASEN and WACHTLER concur with Judge JONES; Judge GABRIELLI dissents and votes to reverse in an opinion in which Judge COOKE concurs; Judge FUCHSBERG dissents and votes to reverse in a separate dissenting opinion.


JONES, J.

That an agreement between corporate shareholders includes illegal provisions with respect to the election of corporate officers and the fixation of their compensation does not preclude enforcement of the provision for a stock purchase option contained in the same agreement where it has been found that over the seven-year life of their agreement there was in fact no intrusion on the unfettered management...

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