WILLOUGHBY REHABILITATION & HEALTH CARE CTR., LLC v. WEBSTER

2017-02242, 2017-05872. Index No. 12431/04.

190 A.D.3d 887 (2021)

136 N.Y.S.3d 753

2021 NY Slip Op 00326

Willoughby Rehabilitation and Health Care Center, LLC, et al., Appellants, v. Helen Webster, Defendant. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Nonparty Appellant; Stanley Joseph et al., Nonparty Respondents.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, named herein as Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Lake Success, NY (Robert Spolzino, Howard Fensterman, David J.Kaplan, and Law Offices of Steven Cohn, P.C., of counsel), nonparty-appellant pro se and for plaintiffs-appellants (one brief filed).

Fryman, P.C., Valley Stream, NY ( David J. Fryman and Lynn, Gartner, Dunne & Covello, LLP [ Kenneth L. Gartner and Joseph Covello] , of counsel), for nonparty-respondents.

Duffy, J.P., LaSalle, Christopher and Wooten, JJ., concur.


Ordered that the orders are affirmed, with costs.

In 2004, the plaintiffs, consisting of nine limited liability companies and one corporation, which operate skilled nursing home facilities in the New York metropolitan area, commenced this action against the defendant to recover damages for her alleged breach of their operating agreements and her fiduciary duty in failing to execute certain financial documents and to contribute...

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