SYMS v. SYMS


191 A.D.2d 340 (1993)

595 N.Y.S.2d 406

Richard Syms, Formerly Known as Richard Merns, Appellant, v. Sy Syms, Formerly Known as Sy S. Merns, et al., Respondents

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

March 23, 1993


The IAS Court correctly determined that summary judgment in defendants' favor is not precluded by triable issues of fact as to whether defendant Sy Syms, aided by his attorney, defendant Rosenthal, had diluted plaintiff's stock interests in the Syms clothing corporation by fraudulently inducing plaintiff's signature on a Voting Trust Agreement, dated July 25, 1983, in connection with a public offering and reorganization. The record reflects that plaintiff, in his capacity...

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