U.S. TSUBAKI HOLDINGS, INC. v. ESTES

Index No. 651597/19. Appeal No. 13891. Case No. 2020-04004.

194 A.D.3d 590 (2021)

2021 NY Slip Op 03273

U.S. Tsubaki Holdings, Inc., et al., Appellants, v. Larry Estes et al., Respondents.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

Jenner & Block LLP, New York ( Brian J. Fischer and Olivia G. Hoffman of counsel) and Jenner & Block, Washington, DC ( Ian Heath Gershengorn , of the bar of the Commonwealth of Massachusetts and District of Columbia, admitted pro hac vice, of counsel), for appellants.

Cohen & Gresser LLP, New York ( Daniel H. Tabak of counsel) and Honigman LLP, Detroit, MI ( Jeffrey K. Lamb of the bar of the State of Michigan and State of Illinois, admitted pro hac vice, of counsel), for Larry Estes, Kevin Estes, Jeffrey DeBrabander, Christopher Estes and Central Conveyor Holdings, Inc., respondents.

Morgan, Lewis & Bockius LLP, New York ( Brian A. Herman of counsel), for New State Capital Partners LLC, NS CCC Acquisition LLC and New State Management LLC, respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Mendez, JJ.


Crediting its allegations for purposes of this motion to dismiss (see 511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 N.Y.2d 144, 151-152 [2002]), the amended complaint pleads, in considerable detail, that the individual Estes defendants (defendants Larry, Kevin, and Christopher Estes and Jeffrey DeBrabander) managed and ran plaintiff Central Conveyor Company, LLC (the Company), a close-knit family-run business. Each of the Estes...

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