decided: October 30, 1969.
MARTIN GOTTLIEB, INDIVIDUALLY AND AS A SHAREHOLDER OF P. B. G. REALTY, INC., SUING ON BEHALF OF HIMSELF AND ALL OTHER SHAREHOLDERS OF SAID CORPORATION, APPELLANT-RESPONDENT,
PHILIP PUTTER ET AL., RESPONDENTS-APPELLANTS. (ACTION NO. 1.); P. B. G. REALTY, INC., ET AL., RESPONDENTS-APPELLANTS, V. MARTIN GOTTLIEB, APPELLANT-RESPONDENT. (ACTION NO. 2.)
Gottlieb v. Putter, 31 A.D.2d 525, affirmed. P. B. G. Realty v. Gottlieb, 31 A.D.2d 525, modified.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.
In action No. 1; No opinion.
In action No. 2: The defendant is not entitled to recover interest upon money which he was required to contribute pursuant to the contract that he subsequently breached. Under the circumstances, it was incumbent upon the plaintiffs to return to the defendant only the amount of the contributions -- i.e., $43,140 -- made by him. No opinion.
In action No. 1; Order affirmed, without costs.
In action No. 2: Order modified by striking therefrom the allowance of interest upon the sum awarded by the trial court and, as so modified, affirmed, without costs.
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