GUARINO v. GUARINO


211 A.D.2d 463 (1995)

620 N.Y.S.2d 394

Frank Guarino, Appellant, v. Jeanette Guarino, as Administratrix of The Estate of Rocco Guarino, Deceased, Respondent

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

January 12, 1995


The 1976 stockholder's buy-out agreement between plaintiff and his now deceased brother, even if construed in a manner most favorable to plaintiff, at best is ambiguous as to whether the real property occupied by the jointly owned corporation was included as an asset of the corporation when plaintiff purchased decedent's stock from the defendant administratrix. Thus the agreement does not conclusively sustain plaintiff's claim that although title to the property remained...

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