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FGP 1, LLC v. DUBROVSKY

Index No. 650479/16. Appeal No. 14165. Case No. 2020-02657.

197 A.D.3d 441 (2021)

153 N.Y.S.3d 23

2021 NY Slip Op 04789

FGP 1, LLC, et al., Respondents, v. Luiza Dubrovsky et al., Defendants, M Investment Capital, LLC, et al., Appellants-Respondents, and Natalia Pirogova, Respondent-Appellant.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

Foley Hoag LLP, New York ( Harlan A. Levy of counsel), for appellants-respondents.

Law Offices of Victor A. Worms, New York ( Victor A. Worms of counsel), for respondent-appellant.

Herrick, Feinstein LLP, New York ( Sean E. O'Donnell of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.

Defendants/counterclaim plaintiffs M Investment Capital LLC and Mark Shvartsburd (the M Parties) seek, in their first counterclaim, a declaration that two contracts between FGP 1, LLC and Luiza Dubrovsky (the FGP Assignment and the Operating Agreement of 172 Madison NP Holding LLC [172 Holding]) are unenforceable or invalid. The M Parties lack standing to assert this challenge, since they do not claim to be third-party beneficiaries of the above-mentioned contracts, and they...

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