KAMP v. FIUMERA

506816

69 A.D.3d 1168 (2010)

893 N.Y.S.2d 662

2010 NY Slip Op 429

GERARD KAMP, as Trustee for the FRANK X. KAMP TRUST, Appellant, v. FRANK G. FIUMERA, Individually and Doing Business as FGF STABLES and Another, Respondent.

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

Decided January 21, 2010.


Stein, J.

Plaintiff, individually, entered into a stock purchase agreement with defendant, whereby defendant agreed to sell his 50 shares of stock in American-Sino Processing, Inc. (hereinafter ASPI) to plaintiff for $175,000 (hereinafter the ASPI agreement). To satisfy the purchase price, plaintiff executed a promissory note (hereinafter the first promissory note) to pay defendant such amount over time with interest. Subsequently, defendant executed a promissory...

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