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DICENZO v. MONE

532201.

200 A.D.3d 1162 (2021)

159 N.Y.S.3d 529

2021 NY Slip Op 06734

William R. DiCenzo II, on Behalf of and as Guardian of the Property of William R. DiCenzo Sr. and on Behalf of Allen Drive Realty Inc. and Kirby Road Apartments LLC, Appellant, v. Michael Mone, Individually and as Managing Member of Kirby Road Apartments LLC, et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Albany ( Scott C. Paton of counsel), for appellant.

Robert N. Gregor , Lake George, for Michael Mone and others, respondents.

Cabaniss Casey LLP, Albany ( David B. Cabaniss of counsel), for Debbie Cutler and another, respondents.

Lynch, Clark, Pritzker and Colangelo, JJ., concur.

As set forth in plaintiff's amended complaint, William R. DiCenzo Sr. (hereinafter DiCenzo) was the sole shareholder of Allen Drive Realty Inc. (hereinafter Allen Drive) and, in 1988, sold 75% of his ownership interest to defendants Michael Mone, Courtenay W. Hall and Nicholas Mone. The...

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