CHIEN v. CHIEN


276 A.D.2d 426 (2000)

714 N.Y.S.2d 292

ALAN S. CHIEN, Individually and as Corporate Officer of Da Hwa (Hong Kong) Manufacturing Ltd., et al., Appellants, v. GABY C. CHIEN et al., Respondents, et al., Defendant.

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

Decided October 26, 2000.


Clear and convincing evidence supports, first, the jury's finding that plaintiff orally transferred his 50% interest in the subject corporation to defendant, the other 50% owner and plaintiff's estranged wife, and, second, the trial court's finding that such transfer constituted a valid inter vivos gift that left the husband without standing to make a derivative claim on behalf of the corporation. The subject corporation is a family business that was formed in Hong Kong,...

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