Meyer v. Rose

— Judgment, Supreme Court, New York County (David B. Saxe, J.), entered December 18, 1989, which denied plaintiff’s motion for an order granting a default judgment with leave to reapply if defendant fails to serve a verified answer within 10 days, is unanimously affirmed, without costs.

Plaintiff and defendant are officers, directors, and shareholders of Sloan’s Supermarket. Pursuant to an agreement with Sloan’s Supermarket, plaintiff agreed to leave active management, and thereafter he was to receive cash remuneration. Plaintiff commenced this action when defendant terminated his remuneration.