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MEAGHER v. DOSCHER

Nos. 2015-03195, 2015-08804, 2015-09769, 2015-09771, Index Nos. 60807/14, 68379/14.

157 A.D.3d 880 (2018)

69 N.Y.S.3d 708

2018 NY Slip Op 00420

MICHAEL MEAGHER et al., Respondents, v. DREW DOSCHER, Appellant, et al., Nominal Defendant. (Action No. 1.) MICHAEL J. MEYER, Individually and Derivatively on Behalf of 148 SOUTH EMERSON ASSOCIATES, LLC, Respondent, et al., Nominal Respondents, v. 148 SOUTH EMERSON ASSOCIATES, LLC, Defendant, and DREW DOSCHER, Appellant. CHARLES C. RUSSO, Nonparty Respondent. (Action No. 2.)

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

Decided January 24, 2018.

Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof, in effect, granting the motion of the plaintiffs in Action No. 1 for summary judgment on the complaint and, in effect, declaring that the plaintiffs Michael Meagher and Stephen Smith each hold a 25% ownership interest in 148 South Emerson Partners, LLC, and substituting therefor a provision denying that motion; as so modified, the order and judgment is affirmed, without costs...

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