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LITTLE REST TWELVE, INC. v. ZAJIC

650209/10. Appeal No. 12068. Case No. 2018-20962.

187 A.D.3d 545 (2020)

130 N.Y.S.3d 672

2020 NY Slip Op 05817

Little Rest Twelve, Inc., Respondent, v. Nina Zajic et al., Appellants.

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

Decided October 15, 2020.

The threshold question for the motion court was whether to accord collateral estoppel effect to a bankruptcy court ruling whose import was that Joseph Kay (Joseph) had never owned plaintiff (Little Rest) (see In re Fisher Is. Invs., Inc., 778 F.3d 1172 [11th Cir 2015]). According to that ruling collateral estoppel effect would resolve, inter alia, whether Zajic and David had been corporate directors and, consequently, whether the fund...

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