Milazzo v. Hamerschlag

Appellate Division of the Supreme Court of New York

Milazzo v. Hamerschlag

73 A.D.3d 666, 900 N.Y.S.2d 870

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

DecidedMay 27, 2010

StatusPublished

This text of 73 A.D.3d 666 (Milazzo v. Hamerschlag) 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.

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Milazzo v. Hamerschlag, 73 A.D.3d 666, 900 N.Y.S.2d 870 (N.Y. Ct. App. 2010).

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Opinion

Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered January 13, 2010, awarding petitioner the total sum of $154,330.46 against respondent Leslie Hamerschlag, and bringing up for review an order, same court and Justice, entered December 31, 2009, which found the value of petitioner’s shares in the subject business to be $125,000, unanimously affirmed, without costs.

The evidence of a recent arm’s length offer to purchase the subject business for an amount that petitioner calculated would [667]*667yield $125,000 for his shares and petitioner’s willingness to accept the $125,000 supports the court’s determination of the value of petitioner’s shares (see Matter of Pace Photographers [Rosen], 71 NY2d 737, 748 [1988]). Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.

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Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered January 13, 2010, awarding petitioner the total sum of $154,330.46 against respondent Leslie Hamerschlag, and bringing up for review an order, same court and Justice, entered December 31, 2009, which found the value of petitioner’s shares in the subject business to be $125,000, unanimously affirmed, without costs.

The evidence of a recent arm’s length offer to purchase the subject business for an amount that petitioner calculated would [667]*667yield $125,000 for his shares and petitioner’s willingness to accept the $125,000 supports the court’s determination of the value of petitioner’s shares (see Matter of Pace Photographers [Rosen], 71 NY2d 737, 748 [1988]). Concur—Tom, J.P., Friedman, Nardelli, Acosta and Abdus-Salaam, JJ.

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73 A.D.3d 666, 900 N.Y.S.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milazzo-v-hamerschlag-nyappdiv-2010.

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