CIMENT v. SPANTRAN, INC.

655680/16, 4992, 4991.

155 A.D.3d 494 (2017)

65 N.Y.S.3d 26

2017 NY Slip Op 08177

IVAN CIMENT, Respondent, v. SPANTRAN, INC., et al., Appellants.

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

Decided November 21, 2017.


This action for declaratory judgment turns on the applicability of the shareholders agreement of nonparty Tekademic, Inc., now known as Morningside Translations, Inc., to the defendants. Plaintiff sufficiently alleged that defendants are subject to the shareholders agreement, and the documentary evidence does not conclusively establish otherwise.

Moreover, plaintiff made a prima facie showing of a reasonable probability of success on the merits of his declaratory...

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