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BOARD OF MGRS. OF THE 411 E. 53RD ST. CONDOMINIUM v. PERLBINDER

4240. 650603/14.

151 A.D.3d 523 (2017)

2017 NY Slip Op 04786

55 N.Y.S.3d 45

BOARD OF MANAGERS OF THE 411 EAST 53RD STREET CONDOMINIUM, Respondent, v. BARTON MARK PERLBINDER, Defendant, and STEPHEN PERLBINDER, Appellant.

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

Decided June 13, 2017.

The court erred in finding that defendant Stephen Perlbinder (Stephen) aided and abetted defendant Barton Mark Perlbinder's (Barton) breach of a fiduciary duty, since it made no determination that Barton breached a fiduciary duty (see Yuko Ito v Suzuki, 57 A.D.3d 205, 208 [1st Dept 2008]). In any event, defendants' letters to the DEP asking the agency to reconsider its administrative order neither interfered with the court's injunction...

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