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MATTER OF FONTANA D'ORO FOODS, INC.

65 N.Y.2d 886 (1985)

In the Matter of Fontana D'Oro Foods, Inc. John Agosta, Appellant; Salvatore Agosta, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Brian Fishkin for appellant.

Stephanie S. Alter for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

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

The Agosta brothers, John and Salvatore, each owned 50% of the capital stock of Fontana D'Oro Foods, Inc., a corporation engaged in the wholesaling and warehousing of foodstuffs and condiments used by pizzerias. As a consequence of disagreements between them, in the fall of 1982 John commenced a proceeding pursuant to Business Corporation...

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