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KOSTYATNIKOV v. HFZ CAPITAL GROUP LLC

Index No. 160904/20. Appeal No. 17082. Case No. 2022-00957.

212 A.D.3d 477 (2023)

183 N.Y.S.3d 15

2023 NY Slip Op 00176

Sergey Kostyatnikov et al., Respondents, v. HFZ Capital Group LLC et al., Defendants, and HFZ 235 W 75th Street Owner LLC, Appellant.

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

Dechert LLP, New York (Gary J. Mennitt of counsel), for appellant.

Paykin Krieg & Adams, LLP, Purchase (Joseph N. Paykin of counsel), for respondents.

Concur—Kern, J.P., Oing, Scarpulla, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Andrew S. Borrok, J.), entered on or about February 14, 2022, which, to the extent appealed from as limited by the briefs, denied defendant HFZ 235 W 75th Owner's (Owner) motion to dismiss plaintiffs' claims for specific performance and permitted claims against Owner to advance under a theory of alter ego liability, unanimously affirmed, with costs.

The allegations in the complaint...

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