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REICHENBAUM v. CILMI

64 A.D.3d 693 (2009)

ERIC P. REICHENBAUM et al., Appellants, v. JOHN CILMI et al., Respondents.

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

Decided July 21, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs alleged in the amended complaint that in 1998 the plaintiff EPR Capital, LLC (hereinafter EPR), whose managing member is the plaintiff Eric P. Reichenbaum, entered into an operating agreement with nonparty Frank DeFalco to create an entity known as Boerum Place Properties, LLC (hereinafter BPP). During the preparation of the operating agreement, DeFalco was represented by the defendants...

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