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DeRIGGI v. BRADY

2656, 104300/07, 2657N, 2658N

72 A.D.3d 575 (2010)

900 N.Y.S.2d 263

KENNETH DeRIGGI, Respondent, v. EDWARD BRADY et al., Defendants, and MARK SAAD et al., Appellants.

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

Decided April 27, 2010.

Although we previously affirmed an order striking the answer as to other defendants (68 A.D.3d 487 [2009]), we reach a different result as to these defendants, the present appellants. Appellants assert that they were passive investors in the subject business who lost their investments and deny that they had any operational involvement, made any financial decisions, attended any meetings, or were aware of the unexecuted operating agreement...

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