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NEW YORK STUDIOS, INC. v. STEINER DIGITAL STUDIOS

4176. 654351/12.

151 A.D.3d 454 (2017)

2017 NY Slip Op 04397

53 N.Y.S.3d 526

NEW YORK STUDIOS, INC., et al., Respondents, v. STEINER DIGITAL STUDIOS et al., Appellants.

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

Decided June 6, 2017.

The parties' operating agreement, which allows defendants to compete with plaintiff Eponymous Associates, LLC, does not flatly contradict plaintiffs' claim that defendants usurped Eponymous's corporate opportunities and assets (see CPLR 3211 [a] [1]; Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76, 81 [1st Dept 1999], affd 94 N.Y.2d 659 [2000]; see also Leon v Martinez,<...

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