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OSTAD v. OSTAD

245 A.D.2d 117 (1997)

666 N.Y.S.2d 148

Fred Ostad, Respondent, v. Shmouiel Ostad et al., Appellants

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

December 16, 1997

Defendants fail to present any evidence supporting their claim that plaintiff had notice of the restrictions contained in the stock certificate, which plaintiff was never given (cf., Menaker v Podover, 75 A.D.2d 807, lv denied and dismissed 50 N.Y.2d 926). Nor can such notice be inferred from the shareholders agreement defendants seek to enforce, where plaintiff and his father were...

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