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TAHARI v. 860 FIFTH AVE. CORP.

Index No. 654702/18. Appeal No. 17495. Case No. 2022-00578.

214 A.D.3d 491 (2023)

186 N.Y.S.3d 144

2023 NY Slip Op 01269

Elie Tahari, Respondent, v. 860 Fifth Avenue Corporation et al., Appellants.

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

Decided March 14, 2023.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Menachem J. Kastner , of counsel) for appellants.

Morrison Cohen, LLP, New York ( Y. David Scharf , of counsel) for respondent.

Concur—Webber, J.P., Oing, Scarpulla, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.) entered on or about January 21, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss the causes of action for violation of Business Corporation Law § 501 (first cause of action), breach of fiduciary duty against defendant 860 Fifth Avenue Corporation (the cooperative) and the board member defendants (second cause of action), fraudulent misrepresentation (third...

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