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HARRY CASPER, INC. v. PINES ASSOC., L.P.

504362.

2008 NY Slip Op 06013

HARRY CASPER, INC., Respondent, v. PINES ASSOCIATES, L.P., ET AL., Defendants, and MILTON KOENIGSBERG ET AL., Appellants.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Malcolm S. Taub, L.L.P., New York City (Malcolm S. Taub of counsel), for Milton Koenigsberg, appellant.

Duane Morris, L.L.P., New York City (Fran M. Jacobs of counsel), for Cornelius E. Sigety, appellant.

Holmberg, Galbraith, Van Houten & Miller, Ithaca (Dirk A. Galbraith of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Rose and Malone Jr., JJ.

MEMORANDUM AND ORDER

MALONE Jr., J.

Plaintiff, a limited partner in defendant Pines Associates, L.P., commenced this derivative action seeking, among other things, to invalidate an option agreement between Pines and defendant Cornelius E. Sigety which purportedly grants Sigety the right to purchase a certain parcel of real property owned by Pines and an accounting from defendant Milton Koenigsberg of rents that he received while acting on behalf of Pines...

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