MANDEL v. ADLER


248 A.D.2d 323 (1998)

670 N.Y.S.2d 477

Philip Mandel et al., Respondents-Appellants, v. George Adler et al., Appellants-Respondents

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

March 31, 1998


The shareholders agreement and stock certificates that Mandel himself signed as president establish that he owns only 22½ shares of Durastick, and there is no evidence to controvert defendants' assertions, corroborated by the corporate documents, that plaintiffs do not have any ownership interest in the other four companies. The second cause of action is insufficiently pleaded insofar as it purports to allege fraud (CPLR 3016 [b]), and, insofar as it purports to allege...

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