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LITTMAN v. MAGEE

54 A.D.3d 14 (2008)

860 N.Y.S.2d 24

STEVEN LITTMAN, Appellant, v. JOHN W. MAGEE et al., Respondents, et al., Defendants.

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

June 10, 2008.

Attorney(s) appearing for the Case

Kennedy Johnson Gallagher LLC, New York City (James W. Kennedy of counsel), and Shapiro Forman Allen Sava & McPherson LLP, New York City (Stuart L. Shapiro and Yoram Miller of counsel), for appellant.

Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York City (Sanford I. Weisburst, Michael B. Carlinsky, David L. Elsberg, Manny J. Caixeiro and William B. Adams of counsel), for respondents.

SWEENY, McGUIRE and ACOSTA, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

Plaintiff alleges that defendants wrongfully prevailed upon him to sell his minority interest in defendants' closely held corporation, and to execute in that context a broad release, by making assertions that he understood to mean that no material financial information was available beyond the limited materials already supplied to him. Since on a motion pursuant to CPLR 3211 the court must accept as true the allegations of...

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