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RAFIY v. JAVAHERI

08739/10.

32 Misc.3d 734 (2011)

927 N.Y.S.2d 554

2011 NY Slip Op 21245

M. PIERRE RAFIY, Individually as a Member of THE CEDARBROOK CLUB, INC., on Behalf of Himself and All Other Members of THE CEDARBROOK CLUB, INC., Similarly Situated and in the Right of THE CEDARBROOK CLUB, INC., Plaintiff, v. JOHN KOUROSH JAVAHERI et al., Defendants. JOHN KOUROSH JAVAHERI et al., Individually and as Members of OLD CEDAR DEVELOPMENT CORP., and THE CEDARBROOK CLUB, INC., on Behalf of Themselves and Other Members of OLD CEDAR DEVELOPMENT CORP., and THE CEDARBROOK CLUB, INC., Similarly Situated and in the Right of OLD CEDAR DEVELOPMENT CORP. and THE CEDARBROOK CLUB, INC., Counterclaim Plaintiffs, v. M. PIERRE RAFIY et al., Counterclaim Defendants.

Supreme Court, Nassau County.

Decided June 22, 2011.

Attorney(s) appearing for the Case

Agulnick & Gogel, LLC, New York City, for plaintiff and for Agulnick & Gogel, LLC, counterclaim defendant.

The Scher Law Firm, LLP, Carle Place, for John Kourosh Javaheri and others, defendants and counterclaim plaintiffs.

Michael A. Montesano , P.C., Glen Cove, for Javad Khavarian and others, defendants.

O'Reilly Marsh & Corteselli, P.C., Mineola, for Astoria Federal Savings & Loan Association, defendant.

Levin & Chetkof, LLP, Westbury, for Michael Levin, counterclaim defendant.

OPINION OF THE COURT

JEFFREY S. BROWN, J.

Plaintiff, M. Pierre Rafiy (Rafiy) and counterclaim defendant Agulnick & Gogel, LLC (Agulnick & Gogel), move for an order:

(1) pursuant to CPLR 3212, granting them partial summary judgment with respect to the fourth counterclaim as asserted against Agulnick & Gogel; and,

(2) for a declaratory judgment that the continued paid membership of William A. Gogel and Barry W. Agulnick of Agulnick...

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