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MLF3 AIRITAN v. 2338 SECOND

NO. 650040/2016

55 Misc.3d 241 (2016)

45 N.Y.S.3d 759

2016 NY Slip Op 26440

MLF3 AIRITAN LLC et al., Plaintiffs, v. 2338 SECOND AVENUE MAZAL LLC et al., Defendants.

Supreme Court, New York County.

Decided October 4, 2016.

Attorney(s) appearing for the Case

Henry Chan and Andrew G. Kao for MLF3 Airitan LLC, plaintiff.

Eve Y. Searls and Paul Victor Lucas, Jr. for MLF3 DC LLC, plaintiff.

Christopher Tarnok for Bank Leumi USA, defendant.

Consuelo Vasquez, Loryn Riggiola and Jaimee L. Nardiello for 2338 Second Avenue Mazal LLC and others, defendants.

OPINION OF THE COURT

In this action for, inter alia, breach of fiduciary duty and trust fund diversion, plaintiffs move for a declaratory judgment (i) directing the defendants to account for all trust assets received relating to the projects; (ii) seeking damages for the costs of labor, materials and services furnished...

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