LEE v. 33 CAPTAIN CLAWS INC.

Index No. 656140/21. Appeal No. 1092. Case No. 2023-02712.

221 A.D.3d 535 (2023)

200 N.Y.S.3d 349

2023 NY Slip Op 06089

Do Kyung Lee, Appellant, v. 33 Captain Claws Inc., Respondent.

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

Decided November 28, 2023.


Attorney(s) appearing for the Case

The Basil Law Group, P.C. New York ( Robert J. Basil of counsel), for appellant.

Cullen and Dykman LLP, New York ( Richard A. Coppola of counsel), for respondent.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.


Order, Supreme Court, New York County (Lyle E. Frank, J.), entered May 1, 2023, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, and the motion denied.

There is a triable issue of fact as to whether plaintiff's assignment of his shares of defendant to Joung Hoon Lee (JH Lee) is valid, i.e., whether plaintiff is still a shareholder of defendant (see generally Hong Qin Jiang v Li Wan Wu...

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