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CAVALIERE v. PLAZA APARTMENTS, INC.

2010-05288.

84 A.D.3d 712 (2011)

922 N.Y.S.2d 531

CARMELA CAVALIERE, Individually and as Officers and Shareholders on Behalf of PLAZA APARTMENTS, INC., Plaintiffs, v. PLAZA APARTMENTS, INC., et al., Defendants. (Action No. 1.) PHYLLIS DiTOMASSO, as Administratrix C.T.A. of the Estates of RUTH TRIPODO and Another, Deceased, et al., Appellants-Respondents, v. PLAZA APARTMENTS, INC., et al., Respondents-Appellants. (Action No. 2.).

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

Decided May 3, 2011.

Ordered that the order is affirmed, without costs or disbursements.

Pursuant to a stock purchase agreement dated October 5, 1999, Aldo Mazzarati, purportedly acting as the attorney-in-fact for his sister, Ruth Tripodo, agreed to sell her one-third interest in an apartment complex known as Plaza Apartments, Inc., to attorney Michael Avallone for the sum of $75,000, plus the right to receive certain income derived from the property. After Tripodo died on November 19...

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