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CORTAZAR v. COJAM CONSTR., INC.

2021-04363 Index No. 700493/17.

222 A.D.3d 713 (2023)

202 N.Y.S.3d 346

2023 NY Slip Op 06349

Vincent Cortazar, Individually and Derivatively on Behalf of Long Island City Corp., Respondent, v. Cojam Construction, Inc., et al., Appellants.

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

Decided December 13, 2023.

Attorney(s) appearing for the Case

Jessica Drury ( Courtney A. Bihn , Long Beach, NY, of counsel), for appellants.

White, Cirrito, Nally & Lynch LLP, Hempstead, NY ( Christopher M. Lynch of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.

In an action, inter alia, to recover damages for breach of fiduciary duty and conversion, and for rescission of a deed, the defendants appeal from a judgment of the Supreme Court, Queens County (Darrell L. Gavrin, J.), entered April 26, 2021. The judgment, upon an order of the same court entered April 15, 2021, denying the defendants' motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court (Jeremy S. Weinstein, J.) entered June 24, 2019, striking the defendants...

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