2 total
Summary judgment denied in family business dispute due to credibility issues regarding unwritten share redemption agreements.
The plaintiff brought a motion for summary judgment seeking $883,197 for the redemption of his Class D shares in a family business following an estate freeze, plus $30,000 for a promissory note.
The defendants argued that the plaintiff had already received partial payment through weekly transfers and expense reimbursements based on an oral agreement.
The court dismissed the motion, finding that the dispute centered on unwritten agreements and conflicting evidence that required credibility assessments which could not be resolved on a written record.
Summary judgment granted dismissing action for equitable mortgage due to lack of written evidence.
The plaintiff brought an action claiming an interest in the defendants' property based on an alleged equitable mortgage arising from a loan to a third party.
The defendants brought a motion for summary judgment to dismiss the action against them.
The court granted the motion, finding no written evidence of an agreement to mortgage the property as required by section 1 of the Statute of Frauds, and no evidence that the defendants authorized the third party to mortgage their property.
The action against the defendants was dismissed.
