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ARFA v. ZAMIR

603602/05, 1351

76 A.D.3d 56 (2010)

905 N.Y.S.2d 77

RACHEL L. ARFA et al., Respondents, v. GADI ZAMIR et al., Appellants, et al., Defendants.

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

Decided July 13, 2010.

Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz LLP, New York City ( Eric B. Levine and Alan A.B. McDowell of counsel), for appellants.

Law Offices of Michael C. Marcus, Long Beach ( Michael C. Marcus of counsel), and Schlam Stone & Dolan LLP, New York City ( David J. Katz of counsel), for respondents.

MAZZARELLI, J.P., ANDRIAS, NARDELLI and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The fifth cause of action pleaded in the verified second amended complaint seeks to recover for an alleged fraud relating to the purchase of the building at 552-562 Academy Street in Manhattan by an entity in which plaintiffs Rachel L. Arfa and Alexander Shpigel (collectively, Arfa/Shpigel) held a 60% interest and defendant Gadi Zamir held a 40% interest. Zamir arranged the purchase of the Academy Street building, which...

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