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135 BOWERY LLC v. BEACH CHANNEL SHOPPERS MART CO., LLC

135 5909 156014/13.

159 A.D.3d 457 (2018)

71 N.Y.S.3d 76

2018 NY Slip Op 01443

135 BOWERY LLC et al., Respondents, v. BEACH CHANNEL SHOPPERS MART CO., LLC, Appellant.

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

Decided March 6, 2018.

Plaintiffs established prima facie that defendant aided and abetted a fraud (see Oster v Kirschner, 77 A.D.3d 51, 55 [1st Dept 2010]). Copious documentation demonstrates that, without plaintiffs' authorization, defendant's now deceased managing member, Alan Young, acting as plaintiffs' attorney in a real estate transaction, funneled a portion of escrowed funds through defendant, and then disbursed the funds to affiliated entities...

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