Vanderminden v. Vanderminden

—Spain, J.

Appeal from an order of the Supreme Court (Viscardi, J.), entered August 3, 1998 in Washington County, which, inter alia, denied defendants’ motion to modify a preliminary injunction.

On September 26, 1988 plaintiff Henry J.W. Vanderminden, III (hereinafter Henry), and his only sibling, defendant Robert D. Vanderminden, Sr. (hereinafter Robert), executed an agreement reflecting their understanding that the brothers and their respective families owned an equal amount of voting stock in the family business, Telescope Casual Furniture, Inc. (hereinafter the company). Their father, Henry…