FIORE v. FIORE


46 N.Y.2d 971 (1979)

Michael Fiore, Appellant, v. Ferdinand Fiore et al., Individually and as Trustees Under The Will of Michael Fiore, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1979.


Attorney(s) appearing for the Case

Steven P. Howard for appellant.

Joseph R. Miller for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The plaintiff notes that the stated purpose of the 1953 agreement is "to keep the ownership of the stock of the Corporation in themselves [i.e., the individual parties] and their surviving spouses and sons so far as is possible and circumstances will permit" and that in certain instances this purpose would be frustrated if the sons are...

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