CBM Equipment Corp. v. Markwardt

Judgment unanimously reversed, without costs, and matter remitted to Erie County Supreme Court for further proceedings in accordance with the following memorandum: following the grant of partial summary judgment to plaintiff with direction that the issue as to the value of the life insurance policy on defendant’s life be tried and determined as an item to be included in computing the book value of defendant’s common stock under a stock redemption contract between plaintiff corporation and defendant, the court took, evidence and reached a value which we find is not *816supported by the record, and…