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BARBARITO v. ZAHAVI

9374, 9374A, 651300/11, 9375.

107 A.D.3d 416 (2013)

968 N.Y.S.2d 422

2013 NY Slip Op 3952

THOMAS BARBARITO, Individually and on Behalf of ADMIT ONE, LLC, et al., Respondents-Appellants, v. LEOR ZAHAVI, et al., Defendants, and TLM REAL ESTATE, LLC, et al., Appellants-Respondents.

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

Decided June 4, 2013.

For the purpose of determining whether the amended complaint states a cause of action under CPLR 3211 (a), we assume the truth of the following facts taken from the complaint (see Leon v Martinez, 84 N.Y.2d 83, 88 [1994]). At some time before January 2004, plaintiff Thomas Barbarito, defendant Leor Zahavi, and nonparties to this appeal founded nominal defendant Admit One, LLC, a ticket brokerage firm. In August 2005, Admit One obtained...

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