THOMAS BARBARITO, ETC. Plaintiffs-res-ap, v. LEOR ZAHAVI def, TLM REAL ESTATE, LLC Defendants-Appellants-res

9374-9374A-9375. THOMAS BARBARITO, ETC. Plaintiffs-res-ap, v. LEOR ZAHAVI def, TLM REAL ESTATE, LLC Defendants-Appellants-res — Meister Seelig & Fein LLP, New York (Kevin Fritz of counsel), for TLM Real Estate, LLC, appellant-res — Traub Lieberman Strauss & Shrewsberry LLP, Hawthorne (Daniel G. Ecker of counsel), for Mark J. Seelig and Meisler Seelig & Fein LLP, appellants-res — Hinckley & Heisenberg LLP, New York (Christoph Heisenberg of counsel), for respondents-ap — Orders, Supreme Court, New York County (Anil C. Singh, J.), entered June 21, 2012, which, insofar as appealed from as limited by the briefs, denied TLM's motion to dismiss the eleventh and twelfth causes of action in the amended complaint as against it pursuant to CPLR 3211(a) (1) and (7), and denied defendants Mark J. Seelig's and Meister Seelig & Fein, LLP's motion to dismiss the amended complaint as against them pursuant to CPLR 3211(a)(7) and 3016(b), unanimously reversed, on the law, with costs, and the motions granted. The Clerk is directed to enter judgment dismissing the amended complaint as against defendants Mark J. Seelig; Meister Seelig & Fein, LLP; and TLM Real Estate, LLC. Appeals from order, same court and Justice, entered December 22, 2011, which, inter alia, denied defendants TLM Real Estate, LLC's and Mark J. Seelig's motions to dismiss the seventh, eleventh, and twelfth causes of action in the original complaint as against them pursuant to CPLR 3211(a)(1) and (7), unanimously dismissed, without costs, as academic.

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9374-9374A-9375. THOMAS BARBARITO, ETC. Plaintiffs-res-ap, v. LEOR ZAHAVI def, TLM REAL ESTATE, LLC Defendants-Appellants-res — Meister Seelig & Fein LLP, New York (Kevin Fritz of counsel), for TLM Real Estate, LLC, appellant-res — Traub Lieberman Strauss & Shrewsberry LLP, Hawthorne (Daniel G. Ecker of counsel), for Mark J. Seelig and Meisler Seelig & Fein LLP, appellants-res — Hinckley & Heisenberg LLP, New York (Christoph Heisenberg of counsel), for respondents-ap — Orders, Supreme Court, New York County (Anil C. Singh, J.), entered June 21, 2012, which, insofar as appealed from as limited by the briefs, denied TLM’s motion to dismiss the eleventh and twelfth causes of action in the amended complaint as against it pursuant to CPLR 3211(a) (1) and (7), and denied defendants Mark J. Seelig’s and Meister Seelig & Fein, LLP’s motion to dismiss the amended complaint as against them pursuant to CPLR 3211(a)(7) and 3016(b), unanimously reversed, on the law, with costs, and the motions granted. The Clerk is directed to enter judgment dismissing the amended complaint as against defendants Mark J. Seelig; Meister Seelig & Fein, LLP; and TLM Real Estate, LLC. Appeals from order, same court and Justice, entered December 22, 2011, which, inter alia, denied defendants TLM Real Estate, LLC’s and Mark J. Seelig’s motions to dismiss the seventh, eleventh, and twelfth causes of action in the original complaint as against them pursuant to CPLR 3211(a)(1) and (7), unanimously dismissed, without costs, as academic.

For the purpose of determining whether the amended complaint states a cause of action under CPLR 3211(a), we assume the truth of the following facts taken from the complaint (see Leon v. Martinez, 84 NY2d 83, 88 [1994]). At some time before January 2004, plaintiff Thomas Barbarito, defendant Leor Zahavi, and nonparties to this appeal founded nominal defendant Admit One, LLC, a ticket brokerage firm. In August 2005, Admit One obtained a revolving line of credit for approximately $6.5 million from nonparty Bank of America.

THOMAS BARBARITO, ETC. Plaintiffs-res-ap, v. LEOR ZAHAVI def, TLM REAL ESTATE, LLC Defendants-Appellants-res

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