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WEINSTEIN v. W.W.W. ASSOC., LLC

Index No. 652365/14. Appeal No. 13005. Case No. 2020-02733.

191 A.D.3d 418 (2021)

137 N.Y.S.3d 686

2021 NY Slip Op 00536

Jeffrey Weinstein, Individually and Derivatively on Behalf of W.W.W. Associates, LLC, Respondent, v. W.W.W. Associates, LLC, et al., Appellants, et al., Defendants.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Michael B. Schulman & Associates, P.C., Melville ( Michael B. Schulman of counsel), for appellants.

Borah, Goldstein, Altschuler, Nahins & Goidel PC, New York ( Paul N. Gruber of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

The court providently exercised its discretion in sustaining plaintiff's objections to defendants' unanswered bill of particulars demands where the detailed allegations in plaintiff's amended complaint had already pleaded, with requisite specificity (see CPLR 3016), the nature and extent of plaintiff's claims for breach of fiduciary duty as against the individual defendants, as well as plaintiff's claims for an accounting and the appointment of a receiver. Plaintiff...

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