OLIVER 889 LLC v. 889 REALTY INC.

Index No. 652814/20. Appeal No. 17162. Case No. 2022-03559.

212 A.D.3d 531 (2023)

183 N.Y.S.3d 352

2023 NY Slip Op 00271

Oliver 889 LLC, Respondent, v. 889 Realty Inc., Appellant, et al., Counterclaim Defendants.

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

Decided January 24, 2023.


Attorney(s) appearing for the Case

Warshaw Burstein, LLP, New York ( Maxwell Breed of counsel), for appellant.

Holland & Knight LLP, New York ( Robert S. Bernstein of counsel), for respondent.

Concur—Kapnick, J.P., González, Mendez, Shulman, Higgitt, JJ.


Order (denominated an order and judgment), Supreme Court, New York County (Gerald Lebovits, J.), entered on or about August 9, 2022, which, to the extent appealed from, granted plaintiff shareholder's motion for summary judgment on its cause of action for a declaration that the parties' voting agreement violated Business Corporation Law § 501(c) and was therefore null and void, and denied defendant's motion for summary judgment dismissing that cause of action and for...

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