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IBARRONDO v. EVANS

Index No. 157378/15. Appeal No. 13205N. Case No. 2020-01645.

191 A.D.3d 602 (2021)

143 N.Y.S.3d 340

2021 NY Slip Op 01200

Marta Ibarrondo, Appellant, v. Lise Evans et al. Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York ( Vitali S. Rosenfeld of counsel), for appellant.

Cleary Gottlieb Steen & Hamilton LLP, New York ( David H. Herrington of counsel), for respondents.

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

This case involves breach of contract and fraud related claims stemming from a dispute over ownership of a company formed by defendants. On a prior order not the subject of this appeal, the fraud claims were dismissed because the complaint was essentially based on alleged failures by defendants to perform on their promise to give plaintiff, among others, 75% of the equity of the company. Plaintiff tried to revive the fraud-related claims by moving for leave to amend the complaint...

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