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MATTER OF TAINES v. GENE BARRY ONE HOUR PHOTO PROCESS

108 A.D.2d 630 (1985)

In the Matter of Harold Taines, Respondent-Appellant; Gene Barry One Hour Photo Process, Inc., Appellant-Respondent Harold Taines, Respondent-Appellant, v. Gene Barry One Hour Photo Process, Appellant-Respondent

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

February 7, 1985

Kupferman, J. P., dissents in part in a memorandum as follows:

I am in agreement with the majority in returning the amounts loaned by respondent. Respondent contributed $215,000 to the enterprise and will receive this amount back, plus interest.

I disagree with the majority's awarding to the respondent, in addition to that amount, $237,000, as fair value of his shares in the corporation. The court below arrived at this figure through its own calculations...

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