Legal Opinion

Eklund v. Pinkey

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

Decided June 29, 2006PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Coccoma, J.), entered November 21, 2005 in Delaware County, which, inter alia, declared that a restriction on the transfer of certain stock applied only to voluntary transfers.

As described more fully in our decision in a prior related action (Eklund v Pinkey, 27 AD3d 878 [2006]), the parties are family members who own shares in four closely-held corporations. Under the bylaws of each corporation, the parties’ shares are subject to a covenant restricting their transferability by giving first the corporation and then the other shareholders the right to…

2Cases cited3 opinions

  1. Friedman v. Beway Realty Corp.New York Court of Appeals · 1995
  2. In re Pace Photographers, Ltd.New York Court of Appeals · 1988
  3. Eklund v. PinkeyAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Eklund v. PinkeyAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Dissolution of Eklund Farm Machinery, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. In re the Dissolution of Eklund Farm Machinery, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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