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SHILPA SAKETH REALTY, INC. v. VIDIYALA

Index No. 157087/19. Appeal No. 13102. Case No. 2020-02285.

191 A.D.3d 512 (2021)

138 N.Y.S.3d 317

2021 NY Slip Op 00917

Shilpa Saketh Realty, Inc., Appellant, v. Sudhakar Vidiyala et al., Respondents.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Garden City ( Michael J. Antongiovanni of counsel), for appellant.

Izower Feldman, LLP, Garden City ( Ronald D. Lefton of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.

Plaintiff's fraud in the factum argument involves issues of fact and thus may not be raised here for the first time (see Chateau D' If Corp. v City of New York, 219 A.D.2d 205, 209 [1st Dept 1996], lv denied 88 N.Y.2d 811 [1996]).

Given that two of the three defendants were fiduciaries to plaintiff, and the allegations of the complaint describe united efforts rather than an adversarial or arm's length negotiations...

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