MICHAEL ZWARYCZ, ap, v. MARNIA CONSTRUCTION, INC. res

MICHAEL ZWARYCZ, ap, v. MARNIA CONSTRUCTION, INC. res — (INDEX NO. 21513/09)In an action for a judgment declaring that the plaintiff is the owner of 50 percent of the outstanding shares of both Stemar Construction, Inc., and Marnia Construction, Inc., the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered November 30, 2011, which denied his motion for summary judgment on the complaint and granted the cross motion of the defendants Marnia Construction, Inc., Stemar Construction, Inc., Kerry Sullivan, and William J. Sullivan, Jr., and the separate cross motion of the defendant Joan Harrigan, successor executor of the Estate of Helen A. Sullivan, for summary judgment dismissing the complaint insofar as asserted against each of them on the grounds that the action is barred by the statute of limitations and the doctrine of laches.

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MICHAEL ZWARYCZ, ap, v. MARNIA CONSTRUCTION, INC. res — (INDEX NO. 21513/09)In an action for a judgment declaring that the plaintiff is the owner of 50 percent of the outstanding shares of both Stemar Construction, Inc., and Marnia Construction, Inc., the plaintiff appeals from an order of the Supreme Court, Westchester County (Murphy, J.), entered November 30, 2011, which denied his motion for summary judgment on the complaint and granted the cross motion of the defendants Marnia Construction, Inc., Stemar Construction, Inc., Kerry Sullivan, and William J. Sullivan, Jr., and the separate cross motion of the defendant Joan Harrigan, successor executor of the Estate of Helen A. Sullivan, for summary judgment dismissing the complaint insofar as asserted against each of them on the grounds that the action is barred by the statute of limitations and the doctrine of laches.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendants Marnia Construction, Inc., Stemar Construction, Inc., Kerry Sullivan, and William J. Sullivan, Jr., and the separate cross motion of the defendant Joan Harrigan, successor executor of the Estate of Helen A. Sullivan, for summary judgment dismissing the complaint insofar as asserted against each of them on the grounds that the action is barred by the statute of limitations and the doctrine of laches, and substituting therefor a provision denying the cross motions; as so modified, the order is affirmed, without costs or disbursements.

MICHAEL ZWARYCZ, ap, v. MARNIA CONSTRUCTION, INC. res

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