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FENDER v. PRESCOTT

101 A.D.2d 418 (1984)

T. D. Fender, Appellant, v. T. Gene Prescott, Respondent, et al., Defendant T. D. Fender, Appellant-Respondent, v. T. Gene Prescott, Respondent-Appellant

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

May 17, 1984

Attorney(s) appearing for the Case

Arthur Kokot of counsel (Kay Collyer & Boose, attorneys), for T. Gene Prescott.

James J. Terry of counsel (Robert E. Kushner with him on the brief), in the first above-entitled action; Edward N. Meyer of counsel (David B. Newman and Robert E. Kushner with him on the brief), in the second above-entitled action (Cole & Deitz, attorneys), for T. D. Fender.

KUPFERMAN, J. P., SANDLER, FEIN and MILONAS, JJ., concur.

KASSAL, J.

The parties are equal shareholders, officers and directors of National Cold Storage Co., Inc. (National), engaged in purchasing and operating cold storage warehouse facilities, primarily in the New York-New Jersey metropolitan area. Prescott resides here and Fender in Florida. The two principals functioned well, at least initially, both in the operation of the business and in the pursuit of corporate...

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