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FEROLITO v. VULTAGGIO

7441N, 100568/11, 590967/08, 600396/08.

99 A.D.3d 19 (2012)

949 N.Y.S.2d 356

2012 NY Slip Op 5707

JOHN M. FEROLITO et al., Appellants, v. DOMENICK J. VULTAGGIO et al., Respondents. (And Other Actions.) In the Matter of JOHN M. FEROLITO, Appellant.

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

Decided July 24, 2012.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner LLP, New York City ( David A. Barrett , Nicholas A. Gavante, Jr. and Helen M. Maher of counsel), for appellants.

Cadwalader, Wickersham & Taft LLP, New York City ( Louis M. Solomon , Colin A. Underwood and Michael S. Lazaroff of counsel), for respondents.

GONZALEZ, P.J., SAXE, ACOSTA and RENWICK, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

These are four related appeals from orders deciding motions made in the litigation involving the AriZona Iced Tea business and its principal operating company, Beverage Marketing USA, Inc. (BMU). The first order denied plaintiff/petitioner John M. Ferolito's motion for a declaration that BMU's election to purchase his shares of stock was invalid. Ferolito also appeals from the...

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