ROSEMARIE A. HERMAN, ETC. plf-ap, v. JULIAN MAURICE HERMAN def-res, MAYFAIR YORK LLC def

13539. ROSEMARIE A. HERMAN, ETC. plf-ap, v. JULIAN MAURICE HERMAN def-res, MAYFAIR YORK LLC def — Law Offices of Craig Avedidian, P.C., New York (Craig Avedidian of counsel), and Jaspan Schlesinger LLP, Garden City (Steven R. Schlesinger of counsel), for ap — Akerman LLP, New York (M. Darren Traub of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about February 8, 2013, which, to the extent appealed from as limited by the briefs, upon granting plaintiffs' motion to renew and granting in part their motion to reargue an order, same court and Justice, entered June 15, 2012, dismissing certain causes of action, adhered to its prior decision, unanimously affirmed, without costs. Appeal from so much of the order as denied reargument on the issue of the applicability of the infancy toll, unanimously dismissed, without costs.

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13539. ROSEMARIE A. HERMAN, ETC. plf-ap, v. JULIAN MAURICE HERMAN def-res, MAYFAIR YORK LLC def — Law Offices of Craig Avedidian, P.C., New York (Craig Avedidian of counsel), and Jaspan Schlesinger LLP, Garden City (Steven R. Schlesinger of counsel), for ap — Akerman LLP, New York (M. Darren Traub of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about February 8, 2013, which, to the extent appealed from as limited by the briefs, upon granting plaintiffs’ motion to renew and granting in part their motion to reargue an order, same court and Justice, entered June 15, 2012, dismissing certain causes of action, adhered to its prior decision, unanimously affirmed, without costs. Appeal from so much of the order as denied reargument on the issue of the applicability of the infancy toll, unanimously dismissed, without costs.

Plaintiff Rosemarie A. Herman brings certain claims in her individual capacity, as beneficiary of two trusts (the trusts) which held her interest in six properties, and as natural guardian for her two sons who are remainder beneficiaries and contingent remainder beneficiaries of the trusts. The underlying properties were eventually transferred into six limited liability companies (LLCs) in which the trusts were 50 percent owners, and defendant J. Maurice Herman, Rosemarie’s brother, the other 50 percent owner and sole managing member. Plaintiffs’ claims arise from Maurice’s purchase of Rosemarie’s trust interests in 1998 allegedly at far below market value, without her knowledge, and with the alleged cooperation or collusion of defendant Michael Offit, trustee of both trusts.

ROSEMARIE A. HERMAN, ETC. plf-ap, v. JULIAN MAURICE HERMAN def-res, MAYFAIR YORK LLC def

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