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SHYER v. SHYER

Index No. 651109/18. Index No. 595921/18. Appeal No. 12234. Case No. 2020-01334.

187 A.D.3d 674 (2020)

131 N.Y.S.3d 553

2020 NY Slip Op 06213

Catherine Shyer, as Preliminary Executrix of the Estate of Robert Shyer, Deceased, Respondent, v. Christopher Shyer et al., Defendants, and Zyloware Corporation, Defendant/Third-Party Plaintiff-Appellant. Catherine Shyer, Individually, Third-Party Defendant-Respondent.

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

Decided October 29, 2020.

In the summer of 2014, 2015, and 2016, Zyloware exercised its option to buy seven of Robert Shyer's shares each year; it paid for each purchase over the course of 12 months. In the spring of 2015, 2016, and 2017, Mr. Shyer and his wife, plaintiff Catherine Shyer, filed joint tax returns for 2014, 2015, and 2016. Each tax return says they sold seven shares of Zyloware, lists the selling price, and treats the portion of the selling price that fell within a particular calendar...

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