Kingston v. Breslin

Jan 24, 2006
Versions:25 A.D.3d 657
807 N.Y.S.2d 315

In an action, inter alia, for a judgment declaring that the plaintiff is a shareholder of the defendant Atlantic-Heydt Corporation and its affiliates, the defendants appeal from a judgment of the Supreme Court, Westchester County (Rudolph, J.), entered October 29, 2004, which, after a nonjury trial, declared that the plaintiff is a 15% owner of the defendant Atlantic-Heydt Corporation and its affiliates.

Ordered that the judgment is reversed, on the law, with costs, the defendants’ motion for summary judgment is granted, the order of the Supreme Court, Westchester County, entered May 27, 2004, denying the defendants’ motion for summary judgment is modified accordingly, and it is declared that the plaintiff is not a shareholder of the defendant Atlantic-Heydt Corporation and its affiliates.

The alleged oral agreement between the plaintiff and the defendant Michael Breslin, that the plaintiff was a 15% shareholder