Marrus v. AUI Industrial Inc.

Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered on September 18, 1990, which, inter alia, denied plaintiffs motion for summary judgment, or in the alternative for partial summary judgment in the sum of $250,000, unanimously affirmed, without costs or disbursements.

In February 1988, plaintiff tendered his shares to the defendant corporation and sought $630,000 pursuant to a 1980 shareholders redemption agreement. Defendant contended that plaintiff was only entitled to $250,000 pursuant to a 1987 agreement which allegedly superseded the buy-sell provision of the…