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FRAITURE v. BOARD OF DIRECTORS OF 44 KING ST., INC.

Index No. 655152/21. Appeal No. 289. Case No. 2022-04982.

216 A.D.3d 530 (2023)

189 N.Y.S.3d 480

2023 NY Slip Op 02741

Nikolai Fraiture et al., Appellants, v. Board of Directors of 44 King Street, Inc., et al., Respondents.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York (Bradley S. Silverbush of counsel), for appellants.

Abrams Garfinkel Margolis & Bergson, LLP, New York (Andrew W. Gefell of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about November 3, 2022, which denied plaintiffs' motion to vacate the court's order, dated June 21, 2022, denying their request to compel discovery identified as privileged, unanimously affirmed, with costs.

Plaintiffs, 49% shareholders in a residential co-op, allege that defendants, the co-op and the board of directors, permitted an illegal and...

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