Category Archives: Case Summary

Matter of 2225 46th St., LLC v. Hahralampopoulos, 1/17/2017 (Dufficy, J.)

Real Property; Equity; Strict Liability; RPAPL §881 By: Carolina Boutureira | Staff Writer Plaintiff wished to complete a demolition to construct a new building. In order to perform the demolition, Plaintiff needed to encroach on eighteen adjoining properties owned by … Continue reading

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Fakiris v. Gusmar Enters. LLC, et al., Index No. 14652/14, 11/21/2016 (Ritholtz, J.)

Summary Judgment; Fiduciary Duty; Judicial Dissolution; Temporary Receivership By: James Clarke | Staff Writer Plaintiff Marina Fakiris (“Marina”), her brother Defendant Kostas Fakiris (“Kostas”), and their late father Peter Fakiris (“Peter”) formed Defendant Gusmar Enterprises, LLC (“Gusmar”), a real estate … Continue reading

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Saska v. Metropolitan Museum of Art, Index No. 650775/2013 11/10/16 (Kornreich, J.)

Preliminary Approval to Settlement Agreements; Class Action; Opposition Papers; CPLR § 908   By Amanda Tersigni | Staff Writer In 1870, the New York State Legislature (“the Legislature”), by and through its Parks Department, constructed an educational corporation, surrounding the … Continue reading

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11-01 36 Avenue LLC v. Shehzad Quamar a/k/a Qyanar Shehzad, Roma Shukla a/k/a Shukla Roma, and Paul Stamatelatos, as Escrow Agent, Index No. 704865/2016, 11/28/2016 (Ritholtz, J.)

Time is of the essence clause; Breach of contract; Specific performance; Venue; Notice By: Diana Ricaurte | Staff Writer On or about December 17, 2015, Plaintiff buyer and Defendant seller entered into a contract for the sale of a commercial … Continue reading

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Wade v. McConville, Index No. 14139/2015, 11/3/2016 (Rosenbaum, J.)

Discovery; General Rule on Discovery Costs; Shifting the Burden on Discovery Costs; Electronically Stored Information; CPLR § 3103; Protective Order By: Nandini Chowdhury | Staff Writer Plaintiff hired Defendants in a previous commercial transaction.  Plaintiff was not satisfied with Defendants’ … Continue reading

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Youlu Zheng v. Icahn, Index No. 650499/10, 10/28/2016 (Ramos, J.)

Shareholder Derivative Action; Cash Out Merger; Entire Fairness Doctrine; Derivative Action; Special Committees; Unjust Enrichment; Fair Price; Fiduciary Duty   By: Mia Piccininni | Staff Member Defendant is a Delaware corporation that provided wireless telecommunication services.  Plaintiffs are common stock … Continue reading

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CeltixConnect Equity Investors LLC v. Sea Fibre Network Ltd T/A CeltixConnect, Diana Hodnett, Redwood Capital Group, LLC, and RCG, LLC, Index No. 653340/2014, 7/19/16 (Kornreich, J.)

CPLR 327(a), Forum Non Conveniens, Negligent Misrepresentation, Negligence, Fraudulent Inducement, Breach of Fiduciary Duty, Breach of Warranty, Motion to Dismiss, Failure to State a Claim, CPLR 3016(b), Scienter By: Ivelina Popova | Staff Writer Defendant Sea Fibre Network Ltd (“SFN”) … Continue reading

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ACE Securities Corp. Home Equity Loan Trust, Series 2006-HE4, by HSBC BANK USA, Nation Association, in its capacity as Trustee v. DB Structured Products, Inc., Index No. 653394/2012, 10/12/16 (Bransten, J.)

Breach of Contract; Breach of Representations; Breach of Warranty; Motion to Compel Discovery; CPLR § 3101(a), (b), (c); Work-Product-Doctrine; Attorney-Client Privilege By: Gleny M. Peña | Staff Member Defendant sponsored the securitization of mortgage-backed loans which were later sold to … Continue reading

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Belair Care Center, Inc. et al. v. Cool Insuring Agency, Inc. et al., Index No. 51392/2016, 09/23/2016 (Platkin, J.)

Motion to Amend the Complaint; Fatal Defect; Breach of Contract; Negligence; False advertising; Aiding and Abetting Breach of Fiduciary Duty; and Aiding and Abetting Fraud; Sufficient Particularity; Statute of Limitations; Relation Back Doctrine; Fatal Defect By Janel Rottkamp | Staff … Continue reading

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Cohen v. National Grid USA, Index No 18536/08 (DeStefano, J.)

Breach of Contract; Severance Plan; Summary Judgement; Declaratory Judgment  By: Michael D. Manzo | Staff Writer After National Grid USA acquired Keyspan Corporation and its subsidiaries (collectively, “Defendants”), it entered into a purchase agreement with Light Tower Fiber LLC (“Light … Continue reading

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