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DeSILVA v. PLOT REALTY, LLC

5251, 108951/04, 5252, 42983/05, 601976/06.

85 A.D.3d 422 (2011)

924 N.Y.S.2d 86

2011 NY Slip Op 4606

RICHARD DeSILVA, JR., et al., Appellants, v. PLOT REALTY, LLC, et al., Respondents. PLOT REALTY, LLC, et al., Respondents, v. RICHARD DeSILVA, JR., et al., Appellants. (And Another Action.)

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

Decided June 2, 2011.

The cross motion was properly denied since DeSilva failed to establish that Plot Realty's attorney, who was also its controlling member and was effectively representing himself, was a necessary witness (see S & S Hotel Ventures Ltd. Partnership v 777 S. H. Corp., 69 N.Y.2d 437, 446 [1987]; Nimkoff v Nimkoff, 18 A.D.3d 344, 346 [2005]).

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