MIZRAHI v. YMZ REALTY LLC

Index No. 654493/19. Appeal No. 15509. Case No. 2021-00629.

203 A.D.3d 515 (2022)

161 N.Y.S.3d 762

2022 NY Slip Op 01741

Ygal Mizrahi, Appellant, v. YMZ Realty LLC et al., Respondents.

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

Decided March 15, 2022.


Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Ethan A. Kobre of counsel), for appellant.

Miller Law Offices, PLLC, Lynbrook ( Eric D. Cherches of counsel), for respondents.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.


Plaintiff, Ygal Mizrahi, and defendant, Yoel Mizrahi, are brothers who had an interest in Cornelia Commercial Holding Corp. (CCHC). Per the amended complaint, the parties agreed that Ygal would be CCHC's sole shareholder of record, while Yoel would have a 40% beneficial ownership interest in CCHC, such that in the event that CCHC was sold, the net proceeds would be divided 60% to Ygal and 40% to Yoel.

Ygal alleges that in 2013, Yoel came to Ygal with a potential purchaser...

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