Di Chiara v. Calvo

Appellate Division of the Supreme Court of New York

Di Chiara v. Calvo

32 A.D.2d 538, 299 N.Y.S.2d 634, 1969 N.Y. App. Div. LEXIS 4236

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1969

StatusPublished

Cited by2 cases

This text of 32 A.D.2d 538 (Di Chiara v. Calvo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Di Chiara v. Calvo, 32 A.D.2d 538, 299 N.Y.S.2d 634, 1969 N.Y. App. Div. LEXIS 4236 (N.Y. Ct. App. 1969).

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Opinion

Appeal by defendants from a judgment of the 'Supreme Court, Queens County, dated June 5, 1968, which adjudged that plaintiff is entitled to one third of the total shares of stock of the corporate defendant and directed the issuance of such stock to plaintiff. Judgment affirmed, with costs. In our opinion, the record amply supports the finding of the learned trial court that plaintiff and the individual defendant entered into an oral partnership agreement for the operation of a restaurant, with the intention of establishing ,a corporation thereafter in which plaintiff would be entitled to one third of the corporate stock. The relief afforded was properly shaped in accordance with the equities of the ease (cf. Weil v. Atlantic Beach Holding Corp., 1 N Y 2d 20, 29). Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Appeal by defendants from a judgment of the 'Supreme Court, Queens County, dated June 5, 1968, which adjudged that plaintiff is entitled to one third of the total shares of stock of the corporate defendant and directed the issuance of such stock to plaintiff. Judgment affirmed, with costs. In our opinion, the record amply supports the finding of the learned trial court that plaintiff and the individual defendant entered into an oral partnership agreement for the operation of a restaurant, with the intention of establishing ,a corporation thereafter in which plaintiff would be entitled to one third of the corporate stock. The relief afforded was properly shaped in accordance with the equities of the ease (cf. Weil v. Atlantic Beach Holding Corp., 1 N Y 2d 20, 29). Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

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Bluebook (online)

32 A.D.2d 538, 299 N.Y.S.2d 634, 1969 N.Y. App. Div. LEXIS 4236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-chiara-v-calvo-nyappdiv-1969.

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