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MATTER OF ADELSTEIN v. FINEST FOOD DISTRIBUTING CO., N.Y., INC.

2012-03120, Index No. 7162/10.

116 A.D.3d 850 (2014)

983 N.Y.S.2d 430

2014 NY Slip Op 2577

In the Matter of JOEL ADELSTEIN, a Holder of 331/3% of All Outstanding Shares of FINEST FOOD DISTRIBUTING CO., N.Y., INC., Respondent-Appellant, v. FINEST FOOD DISTRIBUTING CO., N.Y., INC., Appellant-Respondent.

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

Decided April 16, 2014.

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

"The determination of a fact-finder as to the value of a business, if it is within the range of testimony presented, will not be disturbed on appeal where the valuation rests primarily on the credibility of the expert witnesses and their valuation techniques" (Matter of USA Nutritionals, 306 A.D.2d 490, 491...

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