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VIRKLER v. V.S. VIRKLER & SON, INC.

310 CA 19-01606.

196 A.D.3d 1127 (2021)

2021 NY Slip Op 04434

Richard Virkler, Appellant, et al., Plaintiff, v. V.S. Virkler & Son, Inc., et al., Respondents. (Appeal No. 1.).

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

HANCOCK ESTABROOK, LLP, SYRACUSE ( ALAN J. PIERCE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ASSAF & SIEGAL PLLC, ALBANY ( MICHAEL D. ASSAF OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In 2007, Richard Virkler (plaintiff), a former shareholder of defendant V.S. Virkler & Son, Inc. (Company), transferred his shares of the Company pursuant to a series of documents that included a stock redemption agreement (contract) and a promissory note, which was secured by a mortgage on the Company's property (collectively, transfer documents). Plaintiff...

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