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&NICOLE LAWI ZEKRY, M-1446plf-res, v. PINHAS ZEKRY def-ap

9831. &NICOLE LAWI ZEKRY, M-1446plf-res, v. PINHAS ZEKRY def-ap — Berke & Berke, New York (Jeffrey R. Berke of counsel), for ap — Kaye Scholer LLP, New York (Michael A. Lynn of counsel), for res — Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered July 11, 2012, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

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9831. &NICOLE LAWI ZEKRY, M-1446plf-res, v. PINHAS ZEKRY def-ap — Berke & Berke, New York (Jeffrey R. Berke of counsel), for ap — Kaye Scholer LLP, New York (Michael A. Lynn of counsel), for res — Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered July 11, 2012, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendants argue that the amount of revenues generated by defendant corporation from 2004 through 2007 establishes that plaintiff’s claim that her husband, the individual defendant, was diverting monies from the corporation has no merit. Their sole supporting proof is an affidavit by the husband in which he purports to “analyze” the revenues and expenses of the business in 2008, while it was run by a temporary receiver, and then extrapolates therefrom the corporation’s profits in the earlier years.

 
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