MATTER OF FONTANA D'ORO FOODS, INC.


122 Misc.2d 1091 (1983)

In the Matter of the Dissolution of Fontana D'Oro Foods, Inc., a Close Corporation. John Agosta, Petitioner.

Supreme Court, Richmond County.

December 22, 1983


Attorney(s) appearing for the Case

Corash & Hollander (Richard Corash of counsel), for petitioner. Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer (H. Neil Broder of counsel), for respondent.


RICHARD A. GOLDBERG, J.

This decision presents a novel question in this jurisdiction; whether an agreement for the sale of stock in a business corporation may be set aside when the underlying purpose of the sale is frustrated by unforeseeable circumstances.

The underlying facts are as follows: The petitioner, John Agosta, and his brother Salvatore Agosta are equal owners of all the issued and outstanding stock in the close corporation known as...

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