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JANNACE v. BOEGGEMAN

165 Misc.2d 960 (1995)

630 N.Y.S.2d 678

Mary A. Jannace, as Executrix of James R. Jannace, Deceased, Plaintiff, v. Mary J. Boeggeman, as Executrix of John E. Boeggeman, Deceased, et al., Defendants.

Supreme Court, Westchester County.

July 25, 1995

Attorney(s) appearing for the Case

Feeney, Centi & Mackey, Albany, for plaintiff. Sichol & Hicks, P. C., Suffern, for defendants.

JOAN B. LEFKOWITZ, J.

Plaintiff sues to recover the book value of her deceased husband's share in the defendant law firm, a professional corporation. Apart from claims of fraud and duress, to prevail herein the plaintiff must prove that the agreement made by all of the shareholders and officers of the corporation, shortly before her husband's demise, was in violation of positive statutory authority and wholly...

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