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SSA HOLDINGS LLC v. KAPLAN

12974 654329/12

120 A.D.3d 1111 (2014)

992 N.Y.S.2d 405

2014 NY Slip Op 06257

SSA HOLDINGS LLC, Appellant, v. HOWARD KAPLAN et al., Respondents.

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

Decided September 23, 2014.

The complaint failed to state a cause of action for fraudulent concealment, as defendants had no duty to disclose the alleged material information (see e.g. Mandarin Trading Ltd. v Wildenstein, 16 N.Y.3d 173, 179 [2011]). Defendants — nonmanaging minority members of plaintiff, a Delaware limited liability company — owed no fiduciary duties to plaintiff or its manager, Stanley S. Arkin, a nonparty to this action (

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