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CRESTVIEW SPV, LLC v. CRESTVIEW FINANCIAL, LLC

Index No. 651277/20. Appeal No. 423. Case No. 2022-03580.

217 A.D.3d 473 (2023)

191 N.Y.S.3d 361

2023 NY Slip Op 03070

Crestview SPV, LLC, Appellant, v. Crestview Financial, LLC, Defendant, and Shalom Auerbach, Respondent.

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

Decided June 8, 2023.

Attorney(s) appearing for the Case

Choe & Oh, P.C., New York ( Kiyoung P. Choe of counsel), for appellant.

Parness Law Firm, PLLC, New York ( Hillel I. Parness of counsel), for respondent.

Concur—Webber, J.P., González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered April 25, 2022, which granted defendant Shalom Auerbach's motion to dismiss the complaint as against him, unanimously affirmed, with costs.

The claims against defendant were correctly dismissed because defendant was absolved of all personal liability pursuant to the exculpation provision in plaintiff's Limited Liability Company Agreement. The exculpation clause provides: "Notwithstanding anything contained...

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