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KURTZ v. ZION

61 A.D.2d 778 (1978)

Harold W. Kurtz et al., Appellants, v. Abraham Zion et al., Respondents, et al., Defendants

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

February 27, 1978

Plaintiffs have shown a meritorious and substantial claim that the alleged default in payment of attorneys' fees does not trigger the enforcement of the escrow security provisions. The escrowed stock represents control of a close corporation and damages would thus not appear to be an adequate remedy for an improper transfer. Balancing the equities, it appears that the damage to plaintiffs from denial of the preliminary injunction...

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