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SALAMONE v. EIP GLOBAL FUND LLC

Index No. 650374/20. Appeal No. 13617. Case No. 2020/04266.

193 A.D.3d 558 (2021)

148 N.Y.S.3d 26

2021 NY Slip Op 02372

Kenneth Salamone, Appellant, v. EIP Global Fund LLC et al., Respondents.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Simon Lesser, PC, New York ( Leonard F. Lesser of counsel), for appellant.

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, González, JJ.

Because the record is sufficient to permit a determination of plaintiff's estoppel argument, it may be considered for the first time on appeal (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]).

Turning to the merits, we find that plaintiff alleged sufficient facts to establish, a special relationship with defendant...

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