SIMON v. SIEGEL


224 A.D.2d 315 (1996)

637 N.Y.S.2d 734

Ronald Simon, as Administrator of The Estate of Jay C. Simon, Deceased, and on Behalf of Himself and in the Right of Simon and Siegel, D.D.S., P. C., Appellant, v. Susan Siegel et al., Respondents

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

February 22, 1996


The trial court properly granted defendant's motion to dismiss the complaint at the close of the plaintiff's case for failure to establish a prima facie case. With respect to the breach of contract cause of action based on provisions requiring the surviving shareholder to purchase the shares of a deceased shareholder — the only cause of action whose dismissal is challenged on this appeal — evidence was lacking, inter alia, that defendant had failed to...

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