ST. MARKS ASSETS, INC. v. SOHAYEGH

7837. 653682/16.

167 A.D.3d 458 (2018)

90 N.Y.S.3d 30

2018 NY Slip Op 08432

St. Marks Assets, Inc., Appellant, v. Elliot Sohayegh, Respondent.

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

Decided December 11, 2018.


Plaintiff seeks to rescind two contracts, executed by its president, for the sale of two Manhattan properties to defendant. Summary judgment was precluded by triable issues as to whether Business Corporation Law § 909 (a) applies to the circumstances here, due to conflicting evidence as to whether the sale of real property is outside the scope of defendant's regular course of business, and whether the sale of the properties at issue here would dispose of substantially...

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