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In the Matter of LEO K. McMANUS, Deceased. JOSEPH M. McMANUS, SR., Appellant; VIRGINIA A. McMANUS, as Executrix of LEO K. McMANUS, Deceased, Respondent.

On summary consideration, order affirmed, with costs. We agree with the Appellate Division that "[a]pplying fundamental principles of contract law, it is apparent that the petitioner's letter of December 14, 1979 was an unqualified, seasonable expression of acceptance of appellant's offer of stock at a price to be computed in accordance with the formula contained in the shareholders' agreements" ( 83 A.D.2d 553; see Martin Delicatessen v Schumacher, 52 N.Y.2d 105, 110; 1 Corbin, Contracts, §§ 97-98).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge JONES.

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MATTER OF McMANUS
(Jan 14, 1982)