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Wexler v. Wexler, 74 A.D.3d. 567, 902 N.Y.S.2d. 348

In this matter, MHH&H represented a group of individual and corporate defendants who had been sued by the younger brother of one of the individual defendants. The plaintiff alleged that he had given his older brother several hundred thousands of dollars to invest in various real estate projects in which the older borther was engaged. The older brother contended that the money was given as a loan, and not as an investment in real estate projects. The transaction was not reflected in any writing. After a dispute arose over the nature of the transaction and the amount due to be repaid to the plaintiff, the father of the two brothers mediated a settlement which resulted in a payment from the older brother to the younger brother and the execution of a Stipulation of Settlement and a Release. Thereafter, the younger brother sued the older brother seeking to set aside the Stipulation of Settlement and Release on the grounds of fraud and to assert rights in various real estate projects. The younger brother alleged that he ahd been defrauded into entering into the Stipulation of Settlement and Release by misrepresentations by the older brother as to the success and value of various real estate projects. Plaintiff alleged that his interest in the various real estate entities had a value in excess of $10 million. MHH&H was retained after commencement of the lawsuit and was successful in obtaining a dismissal of the complaint in its entirety on a pre-answer motion to dismiss. (This matter is currently on appeal.)

Wexler v. Wexler, 74 A.D.3d. 567, 902 N.Y.S.2d. 348

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Real Estate

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