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ALP, INC. v. MOSKOWITZ

Index Nos. 652326/19, 153949/19. Appeal No. 15127. Case Nos. 2020-04600, 2020-04833.

204 A.D.3d 454 (2022)

167 N.Y.S.3d 45

2022 NY Slip Op 02355

ALP, Inc., et al., Respondents-Appellants, v. Lawrence Moskowitz et al., Defendants, and Bender Ciccotto & Company CPA's, LLP, et al., Appellants-Respondents. ALP, Inc., Respondent-Appellant, v. Park West Galleries, Inc., et al., Appellants-Respondents.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Vedder Price P.C., New York ( Daniel C. Green , of counsel) for Bender Ciccotto & Company CPA's, LLP, Robert M. Frank and Robert J. Frank , appellants-respondents.

Clarick Gueron Reisbaum LLP, New York ( Gregory A. Clarick , of counsel) for Gene Luntz and Gene Luntz Management, Inc., appellants-respondents.

McCuster, Anselmi, Rosen & Carvelli, P.C., New York ( Michael R. Futterman , of counsel) and Coffee Burlington, P.L., Miami, FL ( Paul J. Schwiep and Jeffrey B. Crockett of the bar of the State of Florida, admitted pro hac vice, of counsel), for Park West Galleries, Inc., appellant-respondent.

Schlam Stone & Dolan LLP, New York ( Jeffrey M. Eilender , of counsel) for respondents-appellants.

Nonparty Peter Max, a world-renowned artist, formed plaintiff ALP, Inc. in 2000 so that he and his two children, defendant Adam Max and plaintiff Libra Max, could control the sale and commercialization of his artwork. These actions arose when Peter Max became too ill to run ALP and the parties became embroiled in disputes over the management and control of the company, as well as the sale of Peter Max's artwork. As relevant to this appeal, both actions allege misconduct by...

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