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2497 REALTY CORP. v. FUERTES

Index No. 151947/14, Appeal No. 15879-15879A, Case Nos. 2021-01245, 2021-02494.

206 A.D.3d 419 (2022)

171 N.Y.S.3d 1

2022 NY Slip Op 03678

2497 Realty Corp., Appellant, v. Rodolfo Fuertes et al., Respondents.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Rosenberg & Pittinsky, LLP, New York ( Laurence D. Pittinsky of counsel), for appellant.

Lowenstein Sandler LLP, New York ( Michael A. Kaplan of counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

In 2007, a petroleum spill was discovered on property owned by plaintiff. The spill was later confirmed to have originated from an adjacent gas station owned and/or controlled by ExxonMobil. Thereafter, nonparty 2497 Holding LLC became the fee simple owner of the property. Simultaneous with the transfer of the property to 2497 Holding, defendant 2497 Partner LLC acquired a 49.9% membership interest in 2497 Holding, with plaintiff retaining the remaining 50.1% membership interest...

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