HERBA, JR. v. CHICHESTER


301 A.D.2d 822 (2003)

754 N.Y.S.2d 695

EDWARD HERBA, JR., Individually and Doing Business as ED HERBA, JR. SAND & GRAVEL, Appellant, v. EVERETT R. CHICHESTER et al., Respondents.

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

Decided January 16, 2003.


Mugglin, J.

Between 1989 and 1994, plaintiff sold various sand and gravel products to defendant Cobleskill Red E Mix & Supply, Inc. (hereinafter Cobleskill) on a revolving open account. The principal balance due in May 1994 was $95,741.57. By agreement dated May 6, 1994, Cobleskill and defendant Everett R. Chichester, its sole stockholder, agreed to sell various personal and business assets, including all of the outstanding shares in Cobleskill, to defendant John...

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