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ROCHA TOUSSIER v. RIVERO

91 A.D.2d 137 (1983)

Rocha Toussier Y Asociados, S. C., on Behalf of Itself as Sole Shareholder of Intermediary Management Group Services, Inc., and in The Right of Intermediary Management Group Services, Inc., Appellant, v. Rodrigo R. Rivero et al., Respondents

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

January 13, 1983

Attorney(s) appearing for the Case

Kenneth E. Warner of counsel (Marjorie M. Smith with him on the brief; Coblence & Warner, attorneys), for appellant.

Robert B. Smith of counsel (Jerome Kowalski with him on the brief; Finley, Kumble, Wagner, Heine, Underberg & Casey, attorneys), for Rodrigo R. Rivero, and others, respondents.

Robert W. Kolhus of counsel (Issler & Schrage, P. C., attorneys), for J. Ross MacLennan and another, respondents.

John B. Foley of counsel (McCormick, Dunne & Foley, attorneys), for National Union Fire Insurance Company of Pittsburgh and another, respondents.

KUPFERMAN, SANDLER, SULLIVAN and KASSAL, JJ., concur.

MURPHY, P. J.

Plaintiff Rocha Toussier y Asociados, S. C. (RTA) is a sociedad civile formed under Mexican law. A sociedad civile has features of both a corporation and a partnership. For purposes of this discussion, it will be termed an association. In 1980, RTA had three shareholders. Rodrigo Rocha owned 45%; his brother, Jose, owned 5%; Ellis Toussier controlled the remaining 50%. Shortly before...

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