BENJAMIN DEV. CO., INC. v. MARLIN ENTERS., INC.


249 A.D.2d 183 (1998)

672 N.Y.S.2d 103

Benjamin Development Company, Inc., et al., Appellants, v. Marlin Enterprises, Inc., et al., Respondents

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

April 28, 1998


Plaintiffs and defendants were both plaintiffs and defendants in two Federal actions arising from the purchase by Asplundh Tree Expert Company of stock in Vanguard Meter Services, a water meter company of which plaintiffs, defendants and one Robert E. Bates were shareholders. In November 1995, the parties entered into a stipulation settling the Federal actions in which plaintiffs alone agreed to pay Asplundh a total of $3,250,000 in periodic payments with the last payment...

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