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ROSENBERG v. ROSENBERG

655144/18. Appeal No. 12640N. Case No. 2020-01817.

189 A.D.3d 561 (2020)

133 N.Y.S.3d 819

2020 NY Slip Op 07515

Michael Rosenberg, Appellant, v. Aron Rosenberg et al., Respondents.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

The Abramson Law Group, PLLC, New York ( Howard Wintner of counsel), for appellants.

Jacobowitz Newman Tversky LLP, Cedarhurst ( Abraham S. Beinhorn of counsel), for respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Contrary to defendants' argument that the claims for breach of contract, breach of fiduciary duty, an accounting, and injunctive relief are derivative, the motion court correctly determined that plaintiff seeks redress for injury to himself individually (see Yudell v Gilbert, 99 A.D.3d 108, 113-114 [1st Dept 2012]). The complaint alleges that defendant Aron Rosenberg, as managing member of defendant companies, ceased making distributions...

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