Legal Opinion

Cotugno v. Bartkowski

New York Supreme Court

Decided October 5, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Elizabeth Hazlitt Emerson, J.

It is ordered that this motion by the defendants for an order staying arbitration of the plaintiffs claim to compel the individual defendant to disgorge corporate funds that were used to pay his legal fees is granted.

In 2002, the plaintiff, Gary Cotugno, and the defendant Anthony Bartkowski entered into a shareholders agreement, which established the parties’ respective shareholder interests in the defendant Hi-Tech Business Systems, Ltd., and a separate compensation agreement. The shareholders agreement provided that any disputes between the…

2Cases cited7 opinions

  1. Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
  2. Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
  3. Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel DivisionNew York Court of Appeals · 1982
  4. Johanson Resources, Inc. v. LaValleeAppellate Division of the Supreme Court of the State of New York · 2000
  5. Matos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

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