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MATTER OF FALATYN

9 A.D.3d 538 (2004)

779 N.Y.S.2d 638

In the Matter of the Estate Of JOHN R. FALATYN, Deceased. PATRICIA M. FALATYN, as Executor Of JOHN R. FALATYN, Deceased, Appellant; FRANK S. FALATYN, Respondent.

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

July 1, 2004.

LAHTINEN, J.

This appeal calls upon us to determine whether there are factual issues regarding the construction of the relevant portions of a stock purchase agreement between respondent and his deceased brother, who was petitioner's spouse. Respondent and decedent purchased a business in the late 1980s and, in May 1991, they entered into an agreement wherein one would buy the other's shares of stock in the event of death or disability. The agreement provided in pertinent...

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