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SIMON v. FRANCINVEST, S.A.

Index No. 162867/14. Appeal No. 13244-13245A. Case No. 2020-01665.

192 A.D.3d 565 (2021)

2021 NY Slip Op 01733

Jean-Pascal Simon, Respondent-Appellant, v. FrancInvest, S.A., et al., Defendants, French-American Surgery Center, Inc., et al., Appellants-Respondents, and George Kessler et al., Respondents.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Lebow & Sokolow LLP, New York ( Mark D. Lebow of counsel), for appellants-respondents.

Law Office of Nancy J. Volin, New York ( Nancy J. Volin of counsel), for respondent-appellant.

William W. Siegel , New York, for respondents.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.

This appeal concerns plaintiff's Third Amended Complaint (TAC). FASC, FAC, and François (collectively defendants-appellants) contend that the derivative claims—asserted on behalf of nominal defendant FrancInvest, S.A.—and double derivative claims—asserted on behalf of nominal defendant JJ.S Group, Inc.—are barred by French law (eighth, tenth, twelfth, fifteenth and eighteenth causes of action). They further contend that the fourth and fifth...

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