Grant v. Adler

Order entered February 19, 1968, unanimously reversed, on the facts and the law, with $30 costs and disbursements to appellants, and stay vacated. In the action plaintiffs, brother and sister, sought a judgment declaring them to be each a one-third stockholder of 369 DeKalb Realty Company, Inc., and derivatively on behalf of that corporation for a judgment against the estate of a third brother, deceased, and a corporation wholly owned by his estate. The issues were wholly factual and we find no fault with the learned trial term’s decision in favor of plaintiffs. After the entry of judgment…