NURNBERG v. HOBO CORPORATION


30 A.D.3d 359 (2006)

819 N.Y.S.2d 226

CHARLES G. NURNBERG, Appellant, v. HOBO CORPORATION, Formerly Known as STERLING PUBLISHING CO., INC., et al., Respondents.

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

June 29, 2006.


A so-called phantom stock agreement afforded plaintiff, a former executive officer for defendants, the right to receive 5% of the $115 million his employer anticipated on the sale of the business, which he did in fact receive. This action for fraud and breach of contract sought a declaration that the release plaintiff signed was invalid and unenforceable, and an additional $457,603.84, representing 5% of his employer's bank indebtedness that the purchaser assumed as part...

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