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BRESTIN v. LaBIANCA

2015-12522, Index No. 5345/15.

144 A.D.3d 722 (2016)

2016 NY Slip Op 07286

41 N.Y.S.3d 244

LEWIS R. BRESTIN, Respondent, v. MARK LaBIANCA et al., Appellants, et al., Defendants.

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

Decided November 9, 2016.

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

The instant action concerns the defendants' alleged refusal to forward to the plaintiff his share of declared distributions or profits from three properties in Queens County. The defendants Mark LaBianca (hereinafter Mark), the Estate of Maddy LaBianca Brestin, also known as Maddy LaBianca, also known as Madda M. Brestin, by her Executor, Mark LaBianca (hereinafter the Estate), 206-01 Partners...

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