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ENDICO v. FONTE

No. 07 Civ. 2398(LAK).

485 F.Supp.2d 411 (2007)

Michael ENDICO, individually and on behalf of 9 South First Avenue Associates, LLC, Plaintiff, v. Mark FONTE, et al., Defendants.

United States District Court, S.D. New York.

April 24, 2007.

Attorney(s) appearing for the Case

Harry J. Petchesky, Victor P. Muskin, William J. Davis, Scheichet & Davis, P.C., for Plaintiffs.

Williams S. Gyves, Robert M. Travisano, Entwistle & Cappucci LLP, for Defendants.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Plaintiff Michael, Endico brings this action in his own right and derivatively on behalf of 9 South First Avenue Associates, LLC ("9 South") against Mark and William Fonte and two entities they control, ME Development Group, LLC, and Trifont Realty, LLC. The gist of the claim is that the Fontes fraudulently induced Endico to transfer to them a two-thirds interest in 9 South, which Endico previously had...

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