- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 25 2013 (Date Decided)
- Rivera, J.P.; Leventhal, Hall and Román, JJ.
MATTER OF SHMOUEL TOLEDANO, ETC., PETITIONER-plf-res, v. YORAM ELIYAHU RESPONDENTS-DEFENDANTS- APPELLANTS DEFENDANT- res — (INDEX NO. 13050/10)In a hybrid proceeding, inter alia, pursuant to Business Corporation Law §1104(a) for the judicial dissolution of certain corporations, and action, among other things, to recover damages for breach of contract, the respondents/ defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered July 27, 2011, as granted that branch of the petitioner/ plaintiff's motion which was for summary judgment dismissing the sixth counterclaim for rescission of an agreement between the petitioner/ plaintiff and the respondent/defendant Yoram Eliyahu.