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MOGHTADERI v. APIS CAPITAL ADVISORS

Index No. 650287/20. Appeal No. 15933. Case No. 2021-02502.

205 A.D.3d 504 (2022)

169 N.Y.S.3d 36

2022 NY Slip Op 03180

Kamran Moghtaderi, Appellant, v. Apis Capital Advisors et al., Respondents.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

The DeIorio Law Group, PLLC, Rye Brook (Donna M. Mulato of counsel), for appellant.

Arkin Solbakken LLP, New York (Deana Davidian of counsel), for respondents.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

Plaintiff brings this action against his former company and partners alleging they miscalculated his Withdrawal Partner payout due to an ambiguity in the Third Amended and Restated Operating Agreement of Apis and the Operating Agreement of Deki (the Executed Agreements), and improperly changed the Income Hurdle Rate (which was used in the payout calculation) after he left the Company.

The breach of contract claim against Apis and Deki should be reinstated, as there...

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