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MICHELI v. E.J. BUILDERS, INC.

268 A.D.2d 777 (2000)

702 N.Y.S.2d 402

MICHAEL MICHELI, Individually and as a Partner and/or Shareholder in MICHELI CONTRACTING CORPORATION, et al., Respondent, v. E.J. BUILDERS, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided January 13, 2000.

Crew III, J.

Plaintiff commenced this action in October 1993 against, among others, his brothers, defendants Elio Micheli and Joseph Micheli, alleging, inter alia, that they had wrongfully diverted funds properly belonging to certain family-owned businesses for the purpose of financing new business endeavors. The parties apparently agreed, pending certain disclosure and then-anticipated settlement negotiations, that defendants would have an open-ended extension...

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