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COMMUNITY ASSN. OF THE E. HARLEM TRIANGLE, INC. v. BUTTS

Index No. 656028/18. Appeal No. 14916. Case No. 2020-03456.

200 A.D.3d 599 (2021)

161 N.Y.S.3d 41

2021 NY Slip Op 07503

The Community Association of the East Harlem Triangle, Inc., et al., Respondents, v. Calvin O. Butts III et al., Appellants, et al., Defendants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Gordon & Rees, Scully Mansukhani LLP, New York ( Jared Mogil of counsel), for Reverend Dr. Calvin O Butts III, James Howard and Abyssinian Development Corporation, appellants.

Landy Wolf PLLC, New York ( David A. Wolf of counsel), for Victor Sozio and Ariel Property Advisors, LLC, appellants.

Richter Restrepo PLLC, New York ( Reginald Richter of counsel), for respondents.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The motion court correctly concluded that plaintiffs, who brought this claim derivatively on behalf of East Harlem Abyssinian Triangle Corporation (EHAT Corp.), adequately pleaded all fraud claims against defendants Reverend Dr. Calvin O. Butts III, James Howard, and Abyssinian Development Corporation (ADC) (collectively, the ADC defendants) and Ariel Property Advisors LLC (Ariel) and Victor Sozio (together, the Broker defendants).

The amended complaint alleges that...

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