BILLIG v. SCHWARTZ

Index No. 159735/17. Appeal No. 12883. Case No. 2020-01935.

190 A.D.3d 547 (2021)

136 N.Y.S.3d 715

2021 NY Slip Op 00250

Joseph Peleg Billig et al, Appellants, v. Yisroel Schwartz, Also Known as Isroel Schwartz et al., Respondents.

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

Decided January 19, 2021.


Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Garden City ( Randall T. Eng of counsel), for appellants.

Winget, Spadafora & Schwartzberg, LLP, New York ( Matthew Tracy of counsel), for Yisroel Schwartz, David Blaivas and David Blaivas & Associates, respondents.

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for 28-90 Review Avenue Associates, LLC, 28-90 Review Avenue Equity, LLC, 97-31 Palermo Loft, LLC, 40-03 29th Street Lofts, LLC and LIC Verve Holdings, LLC, respondents.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.


We affirm on the basis of improperly pleaded intermingled derivative and individual claims rather than lack of standing, and without prejudice to replead.

The language of the complaint and amended complaint, when construed liberally, properly alleges that plaintiffs were present members of the corporate defendants and thus had standing to bring the derivative claims. Plaintiffs allege that they "are, and continuously have been, members" of the corporate defendants...

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