Category Archives: Case Summary

Pokoik v. Norsel Realties, Index No. 653382/2014, 4/12/2017 (Oing, J.)

Motion to Dismiss; Standing; Shareholder Derivative Action; CPLR 3211 By: James Clarke | Senior Staff Writer Plaintiffs own 10% of Norsel Realties (“Norsel”), a New York partnership owning land in Manhattan. In 1995, Norsel leased the land to 575 Realties, … Continue reading

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Royal Park Investments SA/NV v. Morgan Stanley, Index No. 653695/2013, 4/11/2017 (Ramos, J.)

Holding Company; Residential Mortgage-Backed Securities; Fraud; Transfer of Rights; Contracts; Security Transfers. By: Aaron Jacob | Senior Staff Writer Plaintiff, Royal Park Investments (hereinafter “RPI”) is a limited liability company incorporated under the laws of Belgium and wholly owned by … Continue reading

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Siras Partners LLC v. Activity Kuafu Hudson Yards LLC, Index No. 650868/2015, 3/29/2017 (Oing, J.)

Breach of Contract; Breach of Fiduciary Duty; Declaratory Judgment; Permanent Injunction By: Amanda Tersigni | Senior Staff Writer This case stems from a complex matter involving multiple parties and two interrelated actions. Plaintiffs, Siras Partners LLC (including Saif Sumaida and … Continue reading

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Jung Sook Choi v. AmTrust North American et al., Index No. 26455/2016, 11/03/2016, (Rosenbaum, J.)

Motion to Dismiss; Contractual Interpretation; Contractual Ambiguity; Policy Exclusions By: Kelsey Dougherty Howard | Staff Writer Plaintiff purchased a piece of real property to operate as a restaurant in 2009. Prior to Plaintiff’s purchase, the property was operated as a … Continue reading

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Javoroski v. SelectQuote Ins. Svc. Inc., Index No. 4542/2016, 2/21/17 (Platkin, J.)

Motion to Dismiss; Timely Service of Complaint CPLR 3012(b); Extension of Time to Complete Service CPLR 3012(d); Breach of Contract; Negligence By: Julie Lavoie | Senior Staff Writer In August 2016, Plaintiff served the entity and agent that sold her … Continue reading

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Wrobel v. Shaw Envtl. & Infrastructure Eng’g of N.Y,, P.C., No. 652382/2015, 5/9/17 (Scarpulla, J.)

Breach of Contract; Third-Party Beneficiaries By: Daniel Ishoo | Staff Writer Defendant, a general contractor, contracted to conduct home repairs as a part of the New York City Rapid Repair Program (“RRP”). Plaintiffs were employees of PMJ Electrical Corp. (“PMJ”), … Continue reading

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Schulhof v. Jacobs, Index No. 157797/2013, 2/27/17 (Ramos, J.)

Breach of Contract; Breach of Fiduciary Duty; Fraud; Restitution; Unjust Enrichment; Compensatory Damages; Punitive Damages; CPLR § 3212; CPLR § 3211; Summary Judgment By: Natalie Deneen Russell | Staff Writer Plaintiff, the executor of an estate, entered into a written … Continue reading

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NYAHSA Servs., Inc. Self Ins. Trust v Defendant Inc., 12/27/2016 (Platkin, J.).

Discovery; Disclosures; Attorney-Client Privilege; Attorney Work-Product By: Michael Joseph | Staff Writer Plaintiff is a group self-insured trust (“GSIT”) consisting of employers in the home health-care industry operating in New York State who are required to provide workers’ compensation insurance … Continue reading

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Innovative Municipal Products (U.S.), Inc., v. Central Equipment, LLC, Index No. 4073/13, March 7, 2017, (Platkin, J.)

Motion for Summary Judgment; Motion to Amend a Complaint; CPLR § 3212; CPLR § 3025(b); CPLR § 2220 By: Stephen Hernandez | Staff Writer Plaintiff and Defendant developed and implemented a joint “Tank Agreement Program” that allowed customers to lease … Continue reading

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Lincoln Bldg. Servs. Inc. v. Dellwood Dev., Ltd., Index No. 5899/12, 02/23/17 (Dufficy, J.)

Promissory Note; Breach of Contract; Costs and Attorney’s Fees; Unjust Enrichment; Piercing the Corporate Veil; Joint and Several Liability By: Casey Hughes | Staff Writer Plaintiff is a New York construction corporation that privately lends money. Defendant is a limited … Continue reading

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