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US SUITE LLC v. BARATTA, BARATTA & AIDALA LLP

9007, 152576/17.

171 A.D.3d 551 (2019)

98 N.Y.S.3d 571

2019 NY Slip Op 02837

US Suite LLC et al., Respondents, v. Baratta, Baratta & Aidala LLP et al., Appellants.

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

Decided April 16, 2019.

"[A] court may consider affidavit facts as a supplement to the complaint to show the cause of action to be valid" (Ackerman v 305 E. 40th Owners Corp., 189 A.D.2d 665, 666 [1st Dept 1993]).

Plaintiffs' complaint here, as supplemented, sufficiently states a cause of action that defendants aided and abetted another person's removal of funds belonging to plaintiffs, hid the funds in their escrow account, and used those funds...

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