The Supreme Court of the State of New York, New York County, granted Plaintiff’s petition pursuant to CPLR § 5225(b) and pierced a family trust to satisfy debts of the Grantor. In granting the petition, the Court noted that despite the language of the trust agreement and Grantor’s contention that he had no interest in the assets of the family…
The Supreme Court, Albany County, granted defendant tow company’s (“Defendant”) motion to vacate the order to show cause, contempt order, and judgment entered in favor of Plaintiff finding that Defendant did not timely receive Plaintiff’s order to show cause. Flagship Credit Acceptance LLC v. 5J’s Automotive LTD., and The New York State Dep’t of Motor Vehicles, Index No. 908815-21 (Sup.…
The Appellate Division, Second Department upheld the Supreme Court’s denial of the Plaintiff’s cross-motion for summary judgment to recover damages for conversion of funds. The Appellate Court affirmed the Trial Court’s holding that Plaintiff did not proffer sufficient prima facie evidence proving legal ownership of the allegedly converted funds. Sammy v. First Am. Title Ins. Co., 205 A.D.3d 949, 168…
The Supreme Court, New York County, denied Defendant’s motion to dismiss holding that a complaint may properly reference language from regulatory bodies that relate to a no admit settlement. Effex Capital, LLC v. Global Brokerage Holdings, LLC F/K/A FXCM Holdings, LLC, Index No. 655646/2019 (Sup. Ct. New York Cnty., April 2022). Effex Capital, LLC was represented by Joseph N. Paykin.
The Supreme Court, New York County, held, Plaintiffs’ complaint “sufficiently plead” an alter ego claim against Defendants. Kotyatnikov et al. v. HFZ Capital Group LLC et al. Index No. 160904/2020 (Sup. Ct. New York Cnty., February 2022). Plaintiffs were represented by Joseph N. Paykin.
Plaintiff filed a complaint against Defendants for alleged investment fraud asserting violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and various state law claims, among others. In a 52 page decision, the Honorable Lewis J. Liman, United States District Judge for the Southern District of New York, granted Defendants’ motion to dismiss holding that Plaintiff failed to (i)…
Court Grants Motion to Strike Jury Demand The Supreme Court, Queens County, granted Defendants’ motion to strike Plaintiff’s jury demand from the note of issue. The Court held that by pleading both legal and equitable claims arising from the same transaction, Plaintiff waived her right to demand a trial by jury. Wei v. Wei et al., (Sup. Ct. Queens Cnty.,…
The Supreme Court, New York County, granted, in part, Defendants’ motion for summary judgment dismissing eight of the eleven causes of action asserted by Plaintiff. The Court held that Plaintiff’s cause of action for resulting trust accrued more than fifteen years before the Complaint was filed and was thus time-barred. The Court further held that Defendants demonstrated that as a…
Justice Purificacion of the Queens County Supreme Court granted Defendant’s motion for summary judgment dismissing Plaintiff’s cause of action sounding in adverse possession. The Court held that Defendant submitted evidence to show that Plaintiff could not have possessed the subject property under a “claim of title” pursuant to RPAPL Article 5. New York Central Air Inc. v. Rudolph Goffney, et…
The City of New York sought to hold the defendant in contempt for violating the terms of a “so ordered” settlement stipulation. The Supreme Court declined to hold the defendant in contempt and instead sua sponte doubled the weekly penalty contained in the “so ordered” stipulation from one thousand dollars per week to two thousand dollars per week. On appeal,…