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KELSEY v. A & A METAL FABRICATING, INC.

284 A.D.2d 974 (2001)

726 N.Y.S.2d 532

AMOS P. KELSEY, Appellant, v. A & A METAL FABRICATING, INC., Respondent, et al., Defendant. (Appeal No. 2.)

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

Decided June 8, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of plaintiff's cross motion seeking to dismiss the second counterclaim asserted by defendant A & A Metal Fabricating, Inc. (A & A). Plaintiff, individually and as president of A & A, entered into a stock purchase agreement pursuant to which defendant Warren Industries, Inc. (Warren) would become the sole shareholder of A & A. The agreement also provided...

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