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Lubliner v. A.E.B. Car Wash Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 498 (N.Y. App. Div. 1999)

Opinion

Argued June 1, 1999

July 19, 1999

In an action for specific performance of a shareholders' agreement, the defendants Emil Acks and Avraham Tish appeal from (1) an order of the Supreme Court, Nassau County (Segal, J.), dated March 11, 1998, which granted the motion of the receiver, Michael C. Axelrod, to confirm an asset purchase agreement and a real estate contract of sale, and (2) an order of the same court, dated July 24, 1998, which granted the motion of the receiver, inter alia, to confirm the receiver's accounting and direct the payment of fees.

Goldweber and Hershkowitz, Mineola, N.Y. (Max Goldweber of counsel), for appellants.

Rosen Reade, LLP, New York, N.Y. (James K. Landau of counsel), for plaintiff-respondent.

Certilman Balin Adler Hyman, East Meadow, N.Y. (Wayne J. Schaefer of counsel), for receiver-respondent.

MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the orders are affirmed, with one bill of costs.

Contrary to the appellants' contention, the Supreme Court did not err in granting the receiver's motion to confirm a real estate contract of sale and an asset purchase agreement without first conducting a hearing ( see, Union Chelsea National Bank v. Rumican 190 Corp., 257 A.D.2d 463 [1st Dept., Jan. 19, 1999]).

The appellants' remaining contentions are without merit.


Summaries of

Lubliner v. A.E.B. Car Wash Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1999
263 A.D.2d 498 (N.Y. App. Div. 1999)
Case details for

Lubliner v. A.E.B. Car Wash Ltd.

Case Details

Full title:BARRY LUBLINER, plaintiff-respondent, v. A.E.B. CAR WASH LTD., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 19, 1999

Citations

263 A.D.2d 498 (N.Y. App. Div. 1999)
691 N.Y.S.2d 921