Grant v. Adler

Appellate Division of the Supreme Court of New York

Grant v. Adler

30 A.D.2d 657, 292 N.Y.S.2d 356, 1968 N.Y. App. Div. LEXIS 3701

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1968·Published·Cited by 3 cases

Opinion

Judgment affirmed, with $50 costs and disbursements to the respondents. Concur—Stevens, J. P., Steuer, McGivern and Rabin, JJ.; Tilzer, J., dissents in the following memorandum: I dissent and vote to reverse and dismiss the complaint. The plaintiffs, the surviving sister and brother of Robert Adler, whose estate they sue, failed to sustain their burden of proving that they were equal stockholders with the deceased in 369 DeKalb Realty Company, Inc. The mainstream finding of fact upon which the judgment is based, the inference of ownership drawn from “maternal intent,” is wholly unsupported by the record.

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Judgment affirmed, with $50 costs and disbursements to the respondents. Concur—Stevens, J. P., Steuer, McGivern and Rabin, JJ.; Tilzer, J., dissents in the following memorandum: I dissent and vote to reverse and dismiss the complaint. The plaintiffs, the surviving sister and brother of Robert Adler, whose estate they sue, failed to sustain their burden of proving that they were equal stockholders with the deceased in 369 DeKalb Realty Company, Inc. The mainstream finding of fact upon which the judgment is based, the inference of ownership drawn from “maternal intent,” is wholly unsupported by the record.

Grant v. Adler, 30 A.D.2d 657, 292 N.Y.S.2d 356, 1968 N.Y. App. Div. LEXIS 3701 (N.Y. Ct. App. 1968).

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