FRIEDLAND v. CAP JULUCA PARTNERS I


221 A.D.2d 284 (1995)

635 N.Y.S.2d 467

Dion Friedland et al., Respondents, v. Cap Juluca Partners I, Appellant, et al., Defendant

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

November 28, 1995


In the order of July 7, 1993, the validity of the parties' pledge agreement was upheld and defendant-appellant was directed to take all actions necessary to transfer ownership interest in the pledged shares to plaintiffs. The IAS Court properly refused to modify that order to direct delivery of the stock to defendant-appellant upon payment of the amounts owed (see, UCC 9-505 [2]; 9-506), since there was no evidence of a valid tender of payment of the indebtedness ...

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