Legal Opinion
Fiore v. Fiore
New York Court of Appeals
Decided March 22, 1979PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The plaintiff notes that the stated purpose of the 1953 agreement is "to keep the ownership of the stock of the Corporation in themselves [i.e., the individual parties] and their surviving spouses and sons so far as is possible and circumstances will permit” and that in certain instances this purpose would be frustrated if the sons are not bound by its terms. The question, however, is not whether the agreement is imperfect but whether it is ambiguous. The courts may not rewrite a term of a…
2Cited by28 opinions
- Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
- Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
- Cruden v. Bank of New YorkCourt of Appeals for the Second Circuit · 1992
- Mom's Bagels of New York, Inc. v. Sig Greenebaum Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Renberg v. ZarrowSupreme Court of Oklahoma · 1983
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