BOARD OF MGRS. OF THE BRIGHTON TOWER II CONDOMINIUM v. BRIGHTON BLDR., LLC

2019-11509, Index No. 506732/16.

2024 NY Slip Op 01903

BOARD OF MANAGERS OF THE BRIGHTON TOWER II CONDOMINIUM, Respondent, v. BRIGHTON BUILDER, LLC, ET AL., Appellants, ET AL., Defendants.

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

Decided April 10, 2024.


Attorney(s) appearing for the Case

Gutman & Weiss, P.C., Brooklyn, NY ( Dov Medinets of counsel), for appellants.

Stahl & Zelmanovitz, New York, NY ( Joseph Zelmanovitz , of counsel) for respondent.

Before: Valerie Brathwaite Nelson, J.P., Joseph J. Maltese, William G. Ford, Carl J. Landicino, JJ.


DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, breach of fiduciary duty, and conversion, the defendants Brighton Builder, LLC, Mikhlin Holdings, Inc., and Leon Mikhlin appeal from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated August 22, 2019. The order, insofar as appealed from, denied those branches of those defendants' motion which were pursuant to CPLR 3211(a) to dismiss the first cause of action...

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