Mitzner v. Lights 18, Inc.

This is a tragic case involving a disagreement between two brothers, one of whom is seriously ill and uninsurable, over ownership of the corporate-owned insurance policies on their lives. I understand but cannot agree with the Court’s determination to affirm the decision below, which relied primarily on the trial court’s sense of the record.

The underlying issue is whether Milton Mitzner’s offer to purchase his brother David Mitzner’s fifty-percent stock interest in Lights 18, Inc., a family-owned corporation they founded in 1972, should be understood to have contemplated that the corporation…