FIRST CAPITAL ASSET MANAGEMENT, INC. v. NORTH AMERICAN CONSORTIUM, INC.


286 A.D.2d 263 (2001)

729 N.Y.S.2d 120

FIRST CAPITAL ASSET MANAGEMENT, INC., Appellant, v. NORTH AMERICAN CONSORTIUM, INC., et al., Defendants, and SOHRAB VAHABZADEH, Respondent.

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

Decided August 16, 2001.


This is an action concerning the purported breach of a stock purchase agreement. Summary judgment was granted against two corporate entities in favor of plaintiff, but defendant Sohrab's motion to dismiss was granted on the basis that he only signed in his individual capacity to bind himself to a restrictive covenant. In fact, Sohrab signed the agreement three times, once each on behalf of the corporate entities and once on his own behalf; there was nothing in the agreement...

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