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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Citation
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Parent Document
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Jurisdiction
New York (state)
Effective Date
2023-10-03

Other Sections in This Document (169)

Full Text

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Footnote 1: The majority misstates the issue in this case as being "whether the record before us sets forth evidence of a fraudulent scheme ." Rather, the issue is whether plaintiffs have established that there is no question of fact as to whether defendants engaged in a fraudulent scheme. I agree with the majority that plaintiffs did not meet their burden on that issue. By going on to determine that the record establishes that defendants did not engage in a fraudulent scheme, the majority is deciding an issue which is not before us on plaintiffs' motion for summary judgment.