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39E67TH LLC v. BIVINS

5498, 161316/14.

157 A.D.3d 588 (2018)

69 N.Y.S.3d 631

2018 NY Slip Op 00384

39E67TH LLC et al., Appellants, v. OLIVER BIVINS, JR., et al., Respondents.

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

Decided January 23, 2018.

In the 2013 "Summary of Terms" (the contract on which plaintiffs sue), defendants Oliver Bivins, Jr. (Oliver Jr.) and Estate of Lorna Bivins agreed to transfer 20% of 39 East 67th Street to plaintiff Beachton Tuxedo LLC in exchange for, inter alia, Beachton's release of its claim to 40% of 808 Lexington Avenue, which claim was based on an October 2012 agreement between Beachton and Oliver Jr. The motion court found that this consideration...

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