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TINY 1, LTD. v. SAMFET MARBLE INC.

Index No. 651860/20. Appeal No. 14948. Case No. 2021-01837.

201 A.D.3d 423 (2022)

161 N.Y.S.3d 51

2022 NY Slip Op 00025

Tiny 1, Ltd., Formerly Known as Port Morris Tile & Marble Corp, et. al., Respondents, v. Samfet Marble Inc. et al., Appellants.

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

Decided January 4, 2022.

Attorney(s) appearing for the Case

Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (Jesse T. Conan of counsel), for appellants.

Kennedy Berg LLP, New York (James W. Kennedy of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.

The complaint in this action alleges, among other things, that defendants Georges Berberi and Matt Auerbach, both of whom are affiliated with defendant Samfet Marble Inc., sought to purchase plaintiff Tiny 1, Ltd., formerly known as Port Morris Tile & Marble Corp. (Old Port Morris), and schemed with other defendants to control Old Port Morris's financial operations while its sole owner, plaintiff Vincent DeLazzero, was ill. The complaint further alleges that Berberi and...

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