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KINGSTON v. BRESLIN

56 A.D.3d 430 (2008)

866 N.Y.S.2d 778

JOHN KINGSTON, Appellant, v. MICHAEL BRESLIN et al., Respondents, et al., Defendants.

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

November 5, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff was a 15% shareholder of the defendants Ave. Woodward Corp. and 2 Ave. Woodward Corp. (hereinafter together the Woodward Company), which were engaged in the business of erecting, constructing, and renting scaffolding (hereinafter the scaffolding business). On May 1, 1997 the Woodward Company entered into an asset purchase agreement (hereinafter the agreement) with the defendants Atlantic-Heydt Corporation...

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