James Mirabito & Sons, Inc. v. Mirabito

OPINION OF THE COURT

Irad S. Ingraham, J.

Plaintiffs move for summary judgment on their complaint seeking specific performance of a corporate agreement to *973purchase the defendant’s shares of their family corporation. The defendant cross-moves for dismissal of the complaint and declaratory judgment effectuating a valuation and transfer of his shares under the Business Corporation Law.

FACTUAL BACKGROUND

The individual parties are the principal shareholders in James Mirabito & Sons, Inc., a domestic corporation which is also designated a plaintiff herein. The plaintiffs bring action against the…