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JOHS v. P.G.S. CARTING CO., INC.

No. 25733-99.

2005 NY Slip Op 30301 (U)

MARIE PARZIALE JOHS, individually and as Administratrix of the Estate of VINCENT PARZIALE, SR., deceased, VINCENT PARZIALE, JR., DEBRA PARZIALE and the ESTATE OF VINCENT PARZIALE, SR., deceased, on behalf of P.G.S. CARTING CO., INC., Plaintiffs, v. P.G.S. CARTING CO., INC., BAY VILLAGE DISPOSAL CORP., JOSEPH PARZIALE, JOSEPH SPADA, STEPHEN B. SCHNEER as escrow agent, and SOUTH SHORE WASTE CORP., Defendants.

Supreme Court of the State of New York, Suffolk County.

April 25, 2005.

DECISION AFTER TRIAL

ELIZABETH H. EMERSON, Judge.

Factual Background

On January 1, 1986, Vincent Parziale died in an automobile accident. Prior to that date, he had been an equal one-third shareholder with his brother, Joseph Parziale, and his brother-in-law, Joseph Spada, in P.G.S. Carting Co., Inc., a carting and waste removal business operating in Nassau and Suffolk counties ("the Corporation"')...

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