Timpone v. Concord Enterprises of Staten Island, Inc.

OPINION OF THE COURT

Arthur S. Hirsch, J.

This is a motion for an order striking the answer of defendant, Concord Enterprises of Staten Island, Inc., and for a judgment in favor of plaintiff directing defendant to transfer ownership and convert 80 debentures to the common capital stock of the defendant in the name of plaintiff.

The owner of the debentures, until the time of his death on February 8, 1973, was Peter J. Timpone, Sr., father of plaintiff. Father and son were physicians and both were stockholders in the defendant corporation in their own right. Defendant *692is the owner of property in…