Horowitz Bros. & Margareten v. Margareten

OPINION OF THE COURT

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 by the testimony of witnesses, active in the corporation from 1916 to 1980, that a resolution of March 21, 1938 embodied a change of business practice from that…