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MARIAN v. MARIANI

276 A.D. 205 (1949)

Ophelia Marian, Appellant-Respondent, v. Harry Mariani et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.

Attorney(s) appearing for the Case

Edmund F. Lamb of counsel (Anthony B. Cataldo with him on the brief; Purdy & Lamb, attorneys), for appellant-respondent.

Maurice Knapp (James J. Schwartz with him on the brief), for respondents-appellants.

DORE, J. P., CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

COHN, J.

Fibanco Realty Corporation (hereafter called Fibanco) is a family real estate corporation. All of its issued stock was originally owned by four brothers — Joseph Marian, who is the husband of plaintiff, Harry Mariani and John Mariani, who are the individual defendants, and a fourth brother, Paul Mariani. Paul had a 10% interest and the other brothers each owned 30%. Joseph Marian's 30% interest...

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