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SHERMAN v. ZAMPELLA

655176/21. Appeal No. 17558. Case No. 2022-02524.

214 A.D.3d 545 (2023)

186 N.Y.S.3d 168

2023 NY Slip Op 01491

Adam Sherman, Individually and Derivatively on Behalf of Cottonwood Vending LLC, Respondent, v. Aniello Zampella et al., Appellants.

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

Decided March 21, 2023.

Attorney(s) appearing for the Case

Edelstein & Grossman, New York ( Jonathan I. Edelstein of counsel), for appellants.

Sadis & Goldberg LLP, New York ( Douglas R. Hirsch of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about May 13, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(1), (3) and (7), except as against Aniello Zampella personally, unanimously affirmed, with costs.

Plaintiff pleaded facts sufficient to raise triable issues that he owned a stake in defendant Cottonwood Vending LLC and that the Operating...

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