Newberger v. Rifkind

Opinion

KINGSLEY, J.

The five plaintiffs, appellants herein, brought three actions for declaratory relief against the executors of the estate of Robert Avnet. Plaintiffs sought a declaration as to the validity or enforceability of five stock options granted them by decedent, and plaintiffs sought damages caused by the executors’ refusal to honor the options. Clare Avnet, decedent’s widow, filed complaints in intervention by way of answer and denied plaintiffs’ right to recover.

A nonjury trial was bifurcated on the court’s own motion and a consolidated judgment on the issue of liability was…