Gan v. GSUIG Real Est. Member LLC

── Gan v. GSUIG Real Est. Member LLC ── Court: Court of Appeals for the Second Circuit Date: April 28, 2026 Category: General 25-2313-cv Gan v. GSUIG Real Est. Member LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 28th day of April, two thousand twenty-six. PRESENT: BARRINGTON D. PARKER, RAYMOND J. LOHIER, JR., SARAH A. L. MERRIAM, Circuit Judges. ------------------------------------------------------------------ LIHUA GAN, PU GAO, YASHU LI, RUIMIN LIU, NA TANG, KAIQIN WANG, WEISHAN WEN, XINGQIN WEN, DONG YAN, SIYUN YAN, XINLIN YANG, JINCHUN LI, GUOYONG MA, LIJUAN YANG, Plaintiffs-Appellants, v. No. 25-2313-cv GSUIG REAL ESTATE MEMBER LLC, WEBSTER BANK N.A.,  EMPIRE OUTLET MANAGEMENT, LLC, BFC PARTNERS, LLC, Defendants-Appellees. * ------------------------------------------------------------------ FOR PLAINTIFFS-APPELLANTS: Matthew Livingston, Matthew Sava, Reid & Wise LLC, New York, NY FOR DEFENDANT-APPELLEE John J. Kuster, Peter J. Mardian, GSUIG REAL ESTATE MEMBER Sidley Austin LLP, New York, LLC: NY FOR DEFENDANT-APPELLEE Cheryl F. Korman, Stuart I. WEBSTER BANK, N.A.: Gordon, Elizabeth S. Sy, Rivkin Radler LLP, Uniondale, NY FOR DEFENDANT-APPELLEE Joseph B. Schmit, Phillips Lytle EMPIRE OUTLET MANAGEMENT, LLP, New York, NY LLC: FOR DEFENDANT-APPELLEE BFC Andrew V. Achiron, Bonnie PARTNERS, LLC: Espino, Donald F. Schneider, Silverman Shin & Schneider PLLC, New York, NY Appeal from a judgment of the United States District Court for the Eastern District of New York (Joseph A. Marutollo, Magistrate Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. * The Clerk of Court is directed to amend the caption as set forth above. 2  Plaintiffs are foreign investors who appeal from the judgment of the United States District Court for the Eastern District of New York (Marutollo, M.J.) dismissing their claims against Defendants GSUIG Real Estate Member LLC (“GSUIG”), Webster Bank N.A. (“Webster Bank”), Empire Outlet Management, LLC (“EOM”), and BFC Partners, LLC (“BFC”) for failure to state a claim. 1 We assume the parties’ familiarity with the underlying facts and the record of prior proceeding