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BAVERS v. SHEPHERD

Index No. 653002/17. Appeal Nos. 12694, 12694A. Case No. 2019-366.

189 A.D.3d 606 (2020)

139 N.Y.S.3d 29

2020 NY Slip Op 07696

Ruth Bavers et al., Respondents, v. Allyson Shepherd et al., Appellants, et al., Defendants.

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

Decided December 22, 2020.

Attorney(s) appearing for the Case

Kleinberg, Kaplan, Wolff & Cohen, P.C., New York ( Steven R. Popofsky of counsel), for appellants.

Blank Rome LLP, New York ( Craig M. Flanders of counsel), for respondents.

Concur—Friedman, J.P., Renwick, Singh, Kennedy, Shulman, JJ.

Paragraph 160 of the complaint sets forth the declaratory relief sought in the first cause of action. Paragraph 160(B) seeks a declaration that "[t]he 2013 Shareholder Agreement for each of the Companies [derivative plaintiffs U&I Realty, Inc. and I&A Realty, Inc.] was void ab initio and was never valid." However, these agreements were entered into by plaintiff Aki Katan Irrevocable Trust (Katan Trust) and defendant Isaac Zubli Family Trust (Zubli Trust), the sole...

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