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HELLMAN v. HELLMAN

2005/09695.

31 Misc.3d 265 (2010)

GLENN M. HELLMAN, Plaintiff, v. BRUCE HELLMAN et al., Defendants.

Supreme Court, Monroe County.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Rochester ( Jeffrey J. Calabrese of counsel), for plaintiff. Nixon Peabody LLP, Rochester ( Richard A. McGuirk of counsel), for Bruce Hellman, defendant. Evans & Fox LLP, Rochester ( Jared P. Hirt of counsel), for Stockwood, LLC, defendant.

OPINION OF THE COURT

KENNETH R. FISHER, J.

In denying Bruce Hellman's summary judgment motion, the Appellate Division found:

"The record establishes that, pursuant to the bylaws of `Maynard's Holding Corp.,' the president, i.e., defendant, was vested with `the management of the business of the corporation,' and he thus had the presumptive authority to enter into contracts on the corporation's behalf in the course of the business of the corporation...

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