SMITH v. GROSS, SHUMAN, BRIZDLE & GILFILLAN


249 A.D.2d 893 (1998)

671 N.Y.S.2d 400

James R. Smith et al., Appellants, v. Gross, Shuman, Brizdle and Gilfillan, P. C., et al., Respondents

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

April 29, 1998


Order and judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendants' cross motion for summary judgment dismissing the complaint. The record establishes that the minimum subscription of 7,000 shares of preferred stock of Triad Manufacturing Group, Inc. (Triad), was met, which triggered defendants' obligation as escrow agent to release the funds (see, Farago v Burke, 262 N.Y. 229, 233; Matter of Kaplan v...

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