Jean-Pascal SIMON, Appellant,
v.
FrancInvest, S.A., et al., Defendants, and
French American Surgery Center, Inc., et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 3, 2019.
Decided December 3, 2019.
Attorney(s) appearing for the Case
Jean-Pascal Simon, appellant pro se.
Lebow & Sokolow LLP, New York ( Mark D. Lebow of counsel), for French American Surgery Center, Inc., French-American Clinic, Inc., JJS Group, Inc. and Jean-Francois Simon, respondents.
Schwartzman Garelik Walker & Troy, P.C., New York ( Donald A. Pitofsky of counsel), for Fifth Avenue Surgery Center, LLC and Charles Raab, respondents.
Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Mario Castellitto of counsel), for VCC, Inc., respondent.
Appellate Division of the Supreme Court of New York, First Department.
The court properly dismissed the third, sixth, and seventh causes of action alleging rescission, fraud, and aiding and abetting fraud, respectively, against defendant Jean-Francois Simon (Francois), which are based on the sale of FASC, an ambulatory surgery center, allegedly at less than market value, because plaintiff failed to plead sufficient facts to show he had any ownership or investment interest in FASC. He conceded that...
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