McCALL v. LEADER


268 A.D.2d 208 (2000)

700 N.Y.S.2d 464

J. BARTOW McCALL, as Executor of WILLIAM L. CHAPMAN, Deceased, Appellant, v. JONATHAN LEADER et al., Respondents.

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

Decided January 4, 2000.


In this action by a one-third shareholder alleging, inter alia, that defendant Leader misappropriated funds rightfully belonging either to the subject corporation, Liberty Capital Management, Inc. (LCM), or to plaintiff, the trial court properly found that, since plaintiff's decedent had himself benefitted from abrogation of the salary limitation contained in the parties' letter agreement, plaintiff was estopped from enforcing such limitation against defendant Leader...

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