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MATTER OF DESIGN CONCEPTS, LTD.

293 A.D.2d 605 (2002)

741 N.Y.S.2d 93

In the Matter of DESIGN CONCEPTS, LTD. BRUCE ZIPES, Appellant, v. TERENCE WALSH, Respondent. (Matter No. 1.) BRUCE ZIPES et al., Appellants, v. TERENCE WALSH, Respondent, et al., Defendants. (Matter No. 2.) BRUCE ZIPES, Appellant, v. DESIGN CONCEPTS, LTD., Respondent. TERENCE WALSH, Intervenor-Respondent. (Matter No. 3.)

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

Decided April 15, 2002.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Design Concepts, Ltd. (hereinafter DCL), was a corporation formed in 1984 by the appellant Bruce Zipes to build a house that was to be his personal residence. Zipes was initially the sole shareholder of DCL. His then brother-in-law, Terrence Walsh, was designated secretary-treasurer of DCL. In essence, Zipes hired Walsh to build the house. After it was completed, Zipes and Walsh, through DCL...

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