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BENISHAI v. EPSTEIN

2012-10061

116 A.D.3d 726 (2014)

983 N.Y.S.2d 618

2014 NY Slip Op 2404

JACK BENISHAI, Appellant, v. CHARLES I. EPSTEIN, ESQ., Respondent.

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

Decided April 9, 2014.

Ordered that the order is affirmed, with costs.

In 2004, the plaintiff, as attorney-in-fact for his mother, Bella Benishai (hereinafter Bella), commenced an action in the Supreme Court, New York County (hereinafter the New York County action), against his brother, David Benishai (hereinafter David). The plaintiff, inter alia, alleged that David had mismanaged the corporate funds of Ilan Properties, Inc. (hereinafter Ilan), a corporation in which, at that time, Bella...

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