HOROWITZ BROS. & MARGARETEN v. MARGARETEN


64 N.Y.2d 1008 (1985)

Horowitz Bros. & Margareten et al., Appellants, v. Jerome Margareten et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1985.


Attorney(s) appearing for the Case

Jacob W. Heller and Ira Kleiman for appellants.

George G. Gallantz, David Aronson and Allan E. Mayefsky for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, ALEXANDER and LYNCH concur in memorandum; Judge KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, and the judgment of Supreme Court reinstated, without costs.

The finding of the trial court that the February 18, 1910 agreement was not followed by the shareholders over the years more closely comports with the weight of the evidence than does the finding of the Appellate Division. While there is some evidence to the contrary, the scales are tipped...

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