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79 MADISON LLC v. EBRAHIMZADEH

Index No. 157737/12. Appeal No. 15569. Case No. 2021-02152.

203 A.D.3d 589 (2022)

166 N.Y.S.3d 126

2022 NY Slip Op 02052

79 Madison LLC, Respondent, v. David Ebrahimzadeh, Appellant.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Law Office of Allen Schwartz, Brooklyn (Allen Schwartz of counsel), and Aidala, Bertuna & Kamins, PC, New York (John M. Leventhal of counsel), for appellant.

Borg Law LLP, New York (Jonathan M. Borg of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.

Plaintiff met its burden of proving that defendant was "in possession or custody of" (CPLR 5225[a]) a membership interest in Corniche. It submitted a letter from City National Bank saying that defendant was Corniche's sole owner. It also submitted defendant's complaint in another action, which attached that letter as an exhibit. In opposition, defendant did not deny that he owned Corniche. As noted in a case on which defendant...

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