GESUALE v. TULLY


178 A.D.2d 631 (1991)

Thomas Gesuale et al., Appellants, v. Kenneth A. Tully et al., Respondents

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

December 30, 1991


Ordered that the judgment is affirmed, with costs.

The plaintiff Thomas Gesuale and defendant Kenneth Tully were shareholders, directors and officers of Review Avenue Enterprises, Inc. (hereinafter Review), a corporation whose assets consisted of waterfront land in Queens. At all relevant times Review's primary business was the compacting and shipment of garbage by water.

In December 1985 Pasquale DiMatteo, the principal of the Haulage Enterprises Corp. (hereinafter...

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