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PHALEN v. VINEYARD L.V., INC.

256 A.D.2d 1055 (1998)

683 N.Y.S.2d 615

RHONDA PHALEN et al., as Administrators of the Estate of ANTHONY V. MINCOLLA, Deceased, Respondents, v. VINEYARD L.V., INC., Appellant.

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

Decided December 30, 1998.

Spain, J.

In 1975 Anthony V. Mincolla (hereinafter decedent) entered into an agreement with Guido Iacovelli and Costas Zades to form defendant for the purposes of starting and operating a restaurant in Las Vegas, Nevada. Iacovelli and Zades were each 50% shareholders in Pavillion Catering Corporation (hereinafter Pavillion) and pursuant to an agreement with decedent, decedent was a one-third owner of defendant and Pavillion was a two-thirds owner. In 1976 defendant...

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