Opinion
February 19, 1998
Appeal from the Supreme Court, New York County (David Saxe, J.).
We agree with the motion court that, pursuant to the shareholders' agreement, plaintiff was not entitled to accept the offer of defendant's shares at the time he purported to do so and that pursuant to the same agreement, plaintiff could not have become empowered to accept defendant's offer prior to its proper revocation on April 18, 1996 (see, De Kovessey v. Coronet Props. Co., 69 N.Y.2d 448, 455; Restatement [Second] of Contracts §§ 42, 52).
Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.