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COTUGNO v. BARTKOWSKI

12064-11.

37 Misc.3d 917 (2012)

952 N.Y.S.2d 421

2012 NY Slip Op 22288

GARY COTUGNO, Individually and as an Officer, Director and Shareholder of HI-TECH BUSINESS SYSTEMS, LTD., Plaintiff, v. ANTHONY BARTKOWSKI, Individually and as an Officer, Director and Shareholder of HI-TECH BUSINESS SYSTEMS, LTD., et al., Defendants.

Supreme Court, Suffolk County.

October 5, 2012.

Attorney(s) appearing for the Case

Lazer, Aptheker, Rosella & Yedid, P.C., Melville, for defendants. Certilman Balin Adler & Hyman, LLP, East Meadow, for plaintiff.

OPINION OF THE COURT

ELIZABETH HAZLITT EMERSON, J.

It is ordered that this motion by the defendants for an order staying arbitration of the plaintiff's claim to compel the individual defendant to disgorge corporate funds that were used to pay his legal fees is granted.

In 2002, the plaintiff, Gary Cotugno, and the defendant Anthony Bartkowski entered into a shareholders agreement, which established the parties' respective shareholder interests in...

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