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Toobian v. Golzad

Plaintiff's Claims for Constructive Trust Survive Defendants' Summary Judgment Dismissal

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The following e-filed papers read herein: NYSCEF Docket No.:Notice of Motion, Affirmation (Affidavit), Memorandum of Law, Statement of Material Facts, and Exhibits Annexed       89-106Affirmation (Affidavit) in Opposition, Memorandum of Law, and Exhibits Annexed           111-112, 113-130, 131, 132Reply Affirmation, Memorandum of Law, and Exhibits Annexed        133, 134-137DECISION AND ORDER

*1  In this action, inter alia, to impose a constructive trust on certain real property, the defendants Mehrdad Golzad (the defendant) and BK 2102 LLC (the LLC; collectively, the defendants) move in Seq. No.4 for an order pursuant to CPLR 3212 granting them summary judgment (1) dismissing all of causes of action of the plaintiff Payam Toobian (the plaintiff) against them, and (2) declaring on their third counterclaim that the LLC is the sole owner of the commercial property located at 2102 Ralph Avenue, Brooklyn, New York (the property), that the defendant is the sole member of the LLC, that the plaintiff has no right to or interest in the property or in the LLC, and that the plaintiff may not interfere with the property or hold himself out as an owner of the property or of the LLC.*2

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