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ACCESS POINT MED., LLC v. MANDELL

102082/10, 8850.

106 A.D.3d 40 (2013)

963 N.Y.S.2d 44

2013 NY Slip Op 2208

ACCESS POINT MEDICAL, LLC, et al., Appellants, v. EDWARD R. MANDELL et al., Respondents.

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

Decided April 2, 2013.

Attorney(s) appearing for the Case

Joseph M. Heppt , New York City, for appellants.

Friedman Kaplan Seiler & Adelman LLP, New York City ( Philippe Adler of counsel), for respondents.

ANDRIAS, J.P., MOSKOWITZ, FREEDMAN and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

SAXE, J.

Plaintiffs Access Point Medical, LLC and its wholly owned subsidiary, Access Point Medical, Inc., were formed by nonparty Bill Kidd, with the assistance of defendant attorney Edward R. Mandell, to engage in the business of manufacturing and selling durable home medical equipment such as wheelchairs, canes, walkers, and oxygen tanks. Kidd was plaintiffs' largest shareholder and served...

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