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MATTER OF 62ND & 1ST LLC v. NEW YORK CITY

49 A.D.3d 471 (2008)

857 N.Y.S.2d 52

In the Matter of 62ND & 1ST LLC, Doing Business as CIGAR LOUNGE MERCHANTS NY, Respondent, v. NEW YORK CITY et al., Appellants.

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

Decided March 27, 2008.

Petitioner's nominal predecessor, 1125 First LLC, began operating a cigar bar in 1997, on the lower level of premises where, several months earlier, it had begun operation of a restaurant on the upper level. In December 2001, ostensibly for estate planning purposes, 1125 First LLC became petitioner 62nd & 1st LLC. The officers and members remained the same, as did the percentages of their membership interests. In 2003, following...

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