Legal Opinion

Color by Pergament, Inc. v. O'Henry's Film Works, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 2000PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Herman Cahn, J.), entered June 24, 1999, which granted defendants’ cross-motion for summary judgment, unanimously reversed, on the law, with costs, the cross-motion denied, and the second through fifth causes of action of the complaint reinstated.

In 1983, plaintiff Color by Pergament, Inc. (Color),1 executed a shareholders’ agreement with its then president (Jeffrey Sinaw), and Mr. Henry Pergament. The agreement contained an arbitration clause, which directed, as relevant, that Mr. Pergament “shall not, directly or indirectly, as shareholder, director,…

2Cases cited4 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  3. Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
  4. Singleton Management, Inc. v. CompereAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by5 opinions

  1. Tydings v. Greenfield, Stein & Senior, LLPAppellate Division of the Supreme Court of the State of New York · 2007
  2. Kleinman v. E.L. Tool & Die Co. Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Allen v. Hoffinger, Friedland, Dobrish & Stern, P. C.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Commercial Insurance Co. of Newark v. PopadichAppellate Division of the Supreme Court of the State of New York · 2009
  5. Pacnav S.A. v. Effie Business Corp.New York Supreme Court · 2010

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