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JM UC GROUP, LLC v. PRECIOUS CARE MGT., LLC

2021-08709. Index No. 522369/19.

221 A.D.3d 877 (2023)

201 N.Y.S.3d 98

2023 NY Slip Op 06034

JM UC Group, LLC, Individually and Derivatively on Behalf of UMUC MM Management Monsey, LLC, Respondent, v. Precious Care Management, LLC, et al., Appellants.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Pollock Cohen LLP, New York, NY ( Adam Pollock , Benjamin D. Battles , and Meister Seelig & Fein LLP [ Jeffrey Schreiber and Kevin Fritz ], of counsel), for appellants.

Abrams Fensterman, LLP, White Plains, NY ( Robert A. Spolzino , Lisa Colosi Florio , and Aaron Zucker of counsel), for respondent.

Connolly, J.P., Brathwaite Nelson, Maltese and Christopher, JJ., concur.

In an action, inter alia, to recover damages for breach of contract and for declaratory relief, the defendants appeal from an order of the Supreme Court, Kings County (Lillian Wan, J.), dated September 3, 2021. The order, insofar as appealed from, denied those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the first through fourth, sixth, and eighth through thirteenth causes of action.

Ordered that the order is modified, on the law...

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