Rosenberg v. Berman

Appellate Division of the Supreme Court of New York

Rosenberg v. Berman

272 A.D.2d 1062

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

DecidedNovember 3, 1947

StatusPublished

This text of 272 A.D.2d 1062 (Rosenberg v. Berman) 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

Rosenberg v. Berman, 272 A.D.2d 1062 (N.Y. Ct. App. 1947).

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Opinion

As transferee of shares of stock, plaintiff seeks judgment directing appellants to account to him for the management and operation of the corporate property and that they be directed to deliver to him certificates of stock now in their possession. Order denying motion of appellants for summary judgment dismissing the complaint, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. The existence of the restrictive agreement was conclusively established and, in view of the admitted circumstances, no issue is presented with respect to the application of the doctrine of estoppel. Hagarty, Acting P. J., Carswell, Adel and Sneed, JJ., concur; Nolan, J., not voting.

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As transferee of shares of stock, plaintiff seeks judgment directing appellants to account to him for the management and operation of the corporate property and that they be directed to deliver to him certificates of stock now in their possession. Order denying motion of appellants for summary judgment dismissing the complaint, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. The existence of the restrictive agreement was conclusively established and, in view of the admitted circumstances, no issue is presented with respect to the application of the doctrine of estoppel. Hagarty, Acting P. J., Carswell, Adel and Sneed, JJ., concur; Nolan, J., not voting.

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Bluebook (online)

272 A.D.2d 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-berman-nyappdiv-1947.