BESEN v. FARHADIAN

Docket No. 652691/18. Appeal No. 12691. Case No. 2019-04036.

195 A.D.3d 548 (2021)

2021 NY Slip Op 04080

Michael Besen et al., Respondents, v. Robert Farhadian, Appellant, et al., Defendants.

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

Decided June 24, 2021.


Attorney(s) appearing for the Case

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale ( Jeffrey A. Miller of counsel), for appellant.

Tannenbaum Helpern Syracuse & Hirschtritt, LLP, New York ( Michael P. Regan of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Shulman, JJ.


This appeal arises from a business dispute between members of a limited liability company as to how best to allocate resources. At issue is whether a co-managing member breaches his fiduciary duty by refusing to consent to refinance the mortgage and instead obtains an assignment of the mortgage. We find that, under the circumstances of this case, a claim for breach of fiduciary duty has not been stated.

Plaintiff Michael Besen (Besen) and defendants Robert Farhadian...

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