Guarino v. Guarino

Order, Supreme Court, Bronx County (Bertram Katz, J.) entered April 27, 1994, which denied plaintiff’s motion for summary judgment in an action for reformation and specific performance of a contract to convey real property, unanimously affirmed, without costs.

The 1976 stockholder’s buy-out agreement between plaintiff and his now deceased brother, even if construed in a manner most favorable to plaintiff, at best is ambiguous as to whether the real property occupied by the jointly owned corporation was included as an asset of the corporation when plaintiff purchased decedent’s stock from the…