MATTER OF MARINO v. ISLAND EXPRESS ADVER. INC.


172 A.D.2d 525 (1991)

In the Matter of Robin Marino et al., Appellants, v. Island Express Advertising Inc., et al., Respondents

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

April 1, 1991


Ordered that the order is reversed, on the law, without costs or disbursements, and the petitioners' motion for partial summary judgment on the second cause of action on the issue of rescission of the purchase agreement is granted.

In the present case, there is no dispute that the respondent Island Express Advertising Inc. was authorized by its Certificate of Incorporation to issue a maximum of 200 shares of stock. The petitioners have submitted sufficient proof in...

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