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MIRABITO & SONS v. MIRABITO

137 Misc.2d 972 (1986)

James Mirabito & Sons, Inc., et al., Plaintiffs, v. Anthony T. Mirabito, Defendant.

Supreme Court, Chenango County.

December 15, 1986

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (James S. Gleason of counsel), for plaintiffs. Hancock & Estabrook (Lynn Greenky of counsel), for defendant.

IRAD S. INGRAHAM, J.

Plaintiffs move for summary judgment on their complaint seeking specific performance of a corporate agreement to purchase the defendant's shares of their family corporation. The defendant cross-moves for dismissal of the complaint and declaratory judgment effectuating a valuation and transfer of his shares under the Business Corporation Law.

FACTUAL BACKGROUND

The individual...

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