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O'MAHONEY v. WHISTON

652621/2014. Appeal No. 12677. Case No. 2019-05104.

189 A.D.3d 583 (2020)

134 N.Y.S.3d 187

2020 NY Slip Op 07676

Ester J. O'Mahoney et al., Appellants-Respondents, v. Gavin Whiston et al., Respondents-Appellants.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Samuel Goldman & Associates, New York ( Samuel Goldman of counsel), for appellants-respondents.

Elaine Platt , New York, for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

Summary judgment was properly denied because the record raises issues of fact including whether a bar opened by defendants qualified as a corporate opportunity of the bar and corporation owned by plaintiffs and defendants together, whether assets of the corporation, including its goodwill, were given to the new bar for no consideration, whether the individual defendants looted, committed waste, or paid themselves unfair bonuses...

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