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AVERBUCH v. NEW YORK BUDGET INN LLC

9197, 653343/16.

172 A.D.3d 404 (2019)

97 N.Y.S.3d 848

2019 NY Slip Op 03441

Yeshaya Averbuch, Suing Individually and Derivatively on Behalf of New York Budget Inn LLC, et al., Appellants, v. New York Budget Inn LLC, et al., Defendants, and JBJB Associates LLC et al., Respondents.

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

Decided May 2, 2019.

Defendants argue that this appeal should be dismissed on standing grounds, because New York Budget Inn LLC, on whose behalf plaintiff Averbuch seeks to assert claims for conversion and breach of fiduciary duty in connection with certain lease settlement monies, was dissolved on March 20, 2018. However, defendants failed to show that New York Budget Inn's business was completely wound up by the time the motion court addressed plaintiffs...

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