SCHWARTZ v. HEALTH & PLEASURE TOURS, INC.


171 A.D.2d 406 (1991)

Harry Schwartz, Appellant, v. Health and Pleasure Tours, Inc., Respondent, et al., Defendant

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

March 5, 1991


Although plaintiff sued defendants Health and Pleasure Tours, Inc., and Mark Handler, a shareholder and principal of the corporate defendant, he never served Handler's estate and has relinquished any claim against it. The action arises out of plaintiff's alleged loan to defendant of $71,700, and defendant's refusal to make repayment upon demand. The loan transaction was entered into between plaintiff and Handler, pursuant to which Handler turned over to plaintiff four of...

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