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SHYER v. SHYER

Index Nos. 651109/18, 595921/18. Appeal No. 13964. Case No. 2021-00371.

195 A.D.3d 432 (2021)

144 N.Y.S.3d 582

2021 NY Slip Op 03429

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

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York ( David G. Keyko of counsel), for appellant-respondent.

Kennedy Berg, LLP, New York ( James W. Kennedy of counsel), for respondent-appellant.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

In June 2014, defendant Zyloware Corporation exercised its option to purchase seven of its shares from decedent by delivering to him notice that it was exercising the option with a calculation of the purchase price. The 2014 option notice, which decedent signed, unambiguously evinced a "clear expression of intent to modify" the contractual purchase price of the 2014 option shares by applying a 35% discount to the purchase of those shares (3607 Broadway Realty, LLC v 3607...

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