MOHINANI v. CHARNEY

Index No. 653229/12. Appeal No. 15478. Case No. 2021-00595.

208 A.D.3d 404 (2022)

173 N.Y.S.3d 1

2022 NY Slip Op 04782

Harry Mohinani et al., Appellants, v. Tzili Doron Charney, as Personal Representative of the Estate of Leon H. Charney, Deceased, et al., Respondents.

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

Decided August 2, 2022.


Attorney(s) appearing for the Case

Berry Law PLLC, New York ( Eric W. Berry of counsel), for appellants.

Olshan Frome Wolsky LLP, New York ( Thomas J. Fleming and Joseph B. Weiner of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.


As relevant to this appeal, plaintiffs assert a claim for breach of fiduciary duty against the estate of Leon H. Charney, based on Charney's alleged conduct with respect to a real estate joint venture that he organized and managed, in which plaintiffs were minority investors. Charney and plaintiffs were the sole members of defendant LHC Club LLC (LHC), in which Charney held the majority interest and of which he was manager. LHC, in turn, held a 30% interest in two limited...

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