MIGLIO v. SCHILDBACH


303 A.D.2d 470 (2003)

757 N.Y.S.2d 61

SALVATORE MIGLIO, Plaintiff, v. EDWARD G. SCHILDBACH, Defendant. (Action No. 1.) LOCUST VALLEY SHOPPES, INC., Respondent, v. SALVATORE MIGLIO, Appellant. (Action No. 2.)

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

Decided March 10, 2003.


Ordered that the order is affirmed, with costs.

Edward Schildbach was the owner of 24½% of the shares of stock of a corporation known as Locust Valley Shoppes, Inc., the plaintiff in Action No. 2 (hereinafter LVS). In August 1984 Schildbach entered into an agreement (hereinafter the 1984 agreement) with the appellant, Salvatore Miglio, pursuant to which Schildbach agreed to transfer ownership of the shares to Miglio after certain contingencies occurred. However...

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