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VAYS v. 139 EMERSON PLACE

Nos. 7305, 400833/08.

94 A.D.3d 480 (2012)

942 N.Y.S.2d 47

2012 NY Slip Op 2590

FRED VAYS, Individually and as a Member of Sycamore Development Group, LLP, and Emerson Place LLC, Respondent-Appellant, v. 139 EMERSON PLACE, Respondent, and SYCAMORE DEVELOPMENT GROUP, LLC, et al., Appellants-Respondents, et al., Defendants.

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

Decided April 5, 2012.

As is relevant to the instant motion and cross motion, the individual litigants, plaintiff Fred Vays and defendants George Dellapa and Elissa Winzelberg, are equal shareholders in corporate co-defendants 139 Emerson Place, LLC (Emerson) and Sycamore Development Group, LLC (Sycamore). Emerson was formed to develop, own and operate a residential apartment building, located at 139 Emerson Place, in Brooklyn. At about the same time...

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