RUTIGLIANO v. RUTIGLIANO


10 A.D.3d 516 (2004)

781 N.Y.S.2d 651

JOSEPH R. RUTIGLIANO et al., Plaintiffs, v. LAWRENCE RUTIGLIANO, JR., et al., Defendants and Third-Party Plaintiffs-Respondents. ROCCO RUTIGLIANO et al., Third-Party Defendants-Appellants.

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

September 9, 2004.


Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about December 1, 2003, which, insofar as appealed from, denied the motion to dismiss the third-party causes of action for specific performance and/or breach of a shareholders' agreement on the basis of documentary evidence, unanimously affirmed, without costs.

The 1998 shareholders' agreement gives third-party plaintiffs the first right to purchase their deceased father's 25% interest in certain...

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