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ROKOF ASSOC. v. VILLAGE PLACE CORP.

Index No. 154737/21, Appeal No. 1659, Case No. 2022-05689.

2024 NY Slip Op 00821

ROKOF ASSOCIATES, Plaintiff-Respondent, v. VILLAGE PLACE CORP., ET AL., Defendants-Appellants.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Braverman Greenspun P.C., New York ( William J. Geller of counsel), for appellants.

Smith Buss & Jacobs, LLP, Yonkers ( Jennifer L. Stewart of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Oing, Kapnick, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about November 23, 2022, which, to the extent appealed from as limited by the briefs, denied defendants' motion pursuant to CPLR 3211 and 7804(f) to dismiss plaintiff's claims under CPLR article 78 and for breach of contract and breach of fiduciary duty, unanimously affirmed, with costs.

Defendants failed to meet their burden to establish that plaintiff lacked standing to bring the action in...

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