Gianelli v. Wilgian Press, Inc.

Appellate Division of the Supreme Court of New York

Gianelli v. Wilgian Press, Inc.

24 A.D.2d 863, 264 N.Y.S.2d 352, 1965 N.Y. App. Div. LEXIS 3085

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

DecidedNovember 1, 1965

StatusPublished

This text of 24 A.D.2d 863 (Gianelli v. Wilgian Press, Inc.) 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

Gianelli v. Wilgian Press, Inc., 24 A.D.2d 863, 264 N.Y.S.2d 352, 1965 N.Y. App. Div. LEXIS 3085 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action for a declaratory judgment as to the ownership of the capital stock in the defendant corporation which had been owned by plaintiff’s testator at the time of his death, and as to a certain “ buy and sell ” agreement which the plaintiff contends was made only with respect to the assets of a partnership business of which her testator and his brother, defendant Alfred Giannelli, were the partners, the appeal is by defendants from a judgment of the Supreme Court, Nassau County, entered January 14, 1965, declaring that plaintiff, as executrix, is the owner of 50% of the capital stock of the defendant corporation. Judgment affirmed, with costs. No opinion. Christ, Acting P. J., Hill, Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant a new trial for a full and complete development of the facts with respect to an obviously ambiguous contract.

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In an action for a declaratory judgment as to the ownership of the capital stock in the defendant corporation which had been owned by plaintiff’s testator at the time of his death, and as to a certain “ buy and sell ” agreement which the plaintiff contends was made only with respect to the assets of a partnership business of which her testator and his brother, defendant Alfred Giannelli, were the partners, the appeal is by defendants from a judgment of the Supreme Court, Nassau County, entered January 14, 1965, declaring that plaintiff, as executrix, is the owner of 50% of the capital stock of the defendant corporation. Judgment affirmed, with costs. No opinion. Christ, Acting P. J., Hill, Rabin and Hopkins, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and grant a new trial for a full and complete development of the facts with respect to an obviously ambiguous contract.

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Bluebook (online)

24 A.D.2d 863, 264 N.Y.S.2d 352, 1965 N.Y. App. Div. LEXIS 3085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gianelli-v-wilgian-press-inc-nyappdiv-1965.