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POKOIK v. NORSEL REALTIES

653382/14. 5734. 5733.

164 A.D.3d 1124 (2018)

84 N.Y.S.3d 66

2018 NY Slip Op 06056

Leon Pokoik et al., Appellants, v. Norsel Realties et al., Respondents.

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

Decided September 13, 2018.

Plaintiffs allege that defendants purposely undervalued Norsel Realties's (Norsel) property to advance their "personal estate tax strategies," and that the effects of the resulting decrease in the rent on the property will be felt by all partners. Moreover, any pecuniary loss plaintiffs suffered derives from harm to Norsel. Thus, plaintiffs' claims are derivative (see Yudell v Gilbert, 99 A.D.3d 108, 114-115 [1st Dept 2012]; Ganzi...

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