Tag Archives: Motion to Dismiss

MacKay v. Paesano, Index No. 68232-14, 2/6/2017 (Emerson, J.)

Motion to Dismiss; Joint Venture; Statute of Frauds; Leave to Replead By: Kei Haneda | Staff Writer From 2007 to 2010, Paesano and Cadan (collectively “Defendants”), allegedly failed to adhere to a series of agreements they entered into with MacKay … Continue reading

Posted in Case Summary | Tagged , , , | Leave a comment

Gowen v. Helly Nahmad Gallery, Inc., Index No. 650646/2014, 5/8/2018 (Bransten, J.)

Motion to Dismiss; Personal Jurisdiction; Alter Ego Theory; CPLR 3211(a); CPLR 4511 By: Miles Works | Staff Writer In 1939, as the Nazis approached France, Mr. Stettiner was forced to flee his Parisian home, leaving behind a valuable painting, Seated … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment

Ace Securities Corp., HOME EQUITY LOAN TRUST, by HSBC BANK USA v. DB Structured Products Inc., 3/29/16 (Friedman, J,)

Motion to Dismiss; Breach of Contract; Statute of Limitations; CPLR 205(a); Condition Precedent By: Julie Lavoie | Staff Writer Plaintiff, HSBC Bank USA, National Association (“HSBC”), is the trustee of a residential mortgage backed securities (“RMBS”) trust. Defendant, DB Structured … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment

Ehrenkranz v 58 MHR, LLC, 2015 NY Slip Op 50859(U), 5/27/2015 (Pines, J.)

Motion to dismiss; conversion; unjust enrichment; fraudulent conveyances By: Toshia Smith | Staff Writer Plaintiffs are property owners. Defendants contracted with plaintiffs for the construction of their residence. Third-party plaintiffs are plaintiffs’ former law firm. Plaintiffs sued defendants for allegedly … Continue reading

Posted in Case Summary | Tagged , , , | Leave a comment

Doppelt v. Denahan, Index No. 652447/2013, 5/29/15 (Scarpulla, J.)

Shareholder derivative action; standing; motion to dismiss By Frank Tantone | Staff Writer Defendants were board members of a corporation. Plaintiff, was a shareholder of defendants’ corporation. The corporation issued a proxy statement to solicit shareholder approval to externalize the … Continue reading

Posted in Case Summary | Tagged , , | Leave a comment

City of Roseville v. JPMorgan Chase, Index No. 651011/2012, 12/16/2014 (Schweitzer, J.)

Motion to Dismiss; Breach of Fiduciary Duty of Loyalty; Shareholder Derivative Claim; Waste of Corporate Assets; Failure to State a Claim.  By Zachary Nastro | Staff Writer Plaintiff, a shareholder of JPMorgan Chase & Co. (“JPMorgan”) , brought this shareholder derivative … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment