OLYMPIC ICE CREAM CO., INC. v. SUSSMAN

2016-02159. Index No. 8829/14.

151 A.D.3d 872 (2017)

2017 NY Slip Op 04852

54 N.Y.S.3d 690

OLYMPIC ICE CREAM CO., INC., et al., Appellants, v. MARTIN S. SUSSMAN, as Executor of MARINOS D. VOURDERIS, Deceased, Respondent.

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

Decided June 14, 2017.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the matter is remitted to the Supreme Court, Queens County, for a new determination as to the amount of the undertaking to be posted by the plaintiffs in accordance herewith.

In October 2002, the plaintiffs Michael Barone and Frank Barone entered into a shareholders agreement (hereinafter the agreement) with Marinos D. Vourderis concerning the...

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