ROTH v. R & P RESTAURANT CORP.

2008-09098

68 A.D.3d 961 (2009)

2009 NY Slip Op 9449

891 N.Y.S.2d 158

HERMAN ROTH et al., Respondents, v. R & P RESTAURANT CORP., Doing Business as "MOSCOW CAFÉ," et al., Appellants.

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

Decided December 15, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The two plaintiffs and the defendant Adolf Makarovsky were three of five shareholders who together owned two restaurant corporations: R & P Restaurant Corp., doing business as the "Moscow Café" (hereinafter the Moscow Café) and G & R Restaurant Corp., which operated the Winter Garden Restaurant. The restaurants were located in Brooklyn on contiguous parcels of property.

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