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MUTUAL BENEFITS OFFSHORE FUND v. ZELTSER

7105, 7105A, 650438/09.

93 A.D.3d 504 (2012)

940 N.Y.S.2d 79

2012 NY Slip Op 1868

MUTUAL BENEFITS OFFSHORE FUND, Respondent, v. EMANUEL ZELTSER et al., Appellants et al., Defendants. STERNIK & ZELTSER et al., Counterclaim Plaintiffs-Appellants, v. CHRISTOPHER SAMUELSON et al., Counterclaim Defendants.

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

Decided March 15, 2012.

Sternik & Zeltser, sued herein solely in its capacity as plaintiff's former counsel, lacks standing to assert a counterclaim in its separate capacity as a purported trustee or representative of an entity that is not a party to the action (see Ruzicka v Rager, 305 N.Y. 191, 198 [1953]; see also Bramex Assoc. v CBI Agencies, 149 A.D.2d 383, 385 [1989]). Kay lacks standing to assert a counterclaim...

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