HOMAPOUR v. HAROUNIAN

653795/15.

182 A.D.3d 426 (2020)

122 N.Y.S.3d 282

2020 NY Slip Op 02179

Mehrnaz Nancy Homapour, Appellant, v. Mark Harounian et al., Respondents, et al., Defendants. Mehrnaz Homapour et al., Respondents-Appellants, v. 3M Properties et al., Defendants, and Alexander Seligson et al., Appellants-Respondents.

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

Decided April 2, 2020.


The derivative causes of action for breach of fiduciary duty and waste brought on behalf of the 16 Family LLCs against defendant Harounian are governed by the six-year statute of limitations. The claims are not fraud-based. However, plaintiff seeks both money damages and equitable relief (see DiBartolo v Battery Place Assoc., 84 A.D.3d 474, 476 [1st Dept 2011]), i.e., a constructive trust, an injunction, and an accounting (see...

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