Monthly Archives: August 2016

Aquila v. Rubio, Index No. 50682/2016, 05/02/16 (Emerson, J.)

Motion to enforce settlement; Motion for summary judgment; Temporary Restraining Order; Forgery; Lack of Capacity; Unconscionability; Undue Influence; Usury. By: Diana Ricaurte | Staff Writer Defendant Joseph Oscar Rubio (“Rubio”) owned 75% interest in a Nissan dealership. Plaintiff, Carmine Dell Aquila, a longtime family friend, loaned … Continue reading

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Universal Inv. Advisory SA v. Bakrie Telecom PTE, Ltd., Index No. 652890/2014, 04/18/15 (Scarpulla, J.)

Breach of Contract, Fraud; Aiding and Abetting Fraud; Risk Disclosure ; CPLR §3211(a)(7). By: Anastasia Galstian | Staff Writer Plaintiff was a shareholder Defendant, an Indonesian phone company. Defendant issued a bondholder notice to Plaintiff stating it was negotiating with … Continue reading

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Hammond v. Smith, Index No. 02441/2008, 4/22/16 (Rosenbaum, J.)

Partnership agreement; Meeting of the minds; Breach of Fiduciary Duty, Breach of Contract; Acceptance By Meghan Lombardo | Staff Writer Bruce W. Smith (“Defendant”) allegedly sought the expertise of Peter Hammond (“Plaintiff”) in establishing credibility for Amphibian Systems, Defendant’s business … Continue reading

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Smile for Kids, Inc. v. Madison Sq. Garden Co., Index No. 652416/2016, 5/20/16(Ostrager, J.)

Preliminary injunctions; Arts & Cultural Affairs Law By: Katherine Sullivan | Staff Writer Plaintiffs, Smile for Kids, Inc. d/b/a S4K Entertainment Group (“S4K”) and J.A.J. Executive Services, LLC (“JAJ”), are ticket agencies that resell tickets to various events. Defendant, The … Continue reading

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Calltrol Corp. v. DialConnection, L.L.C., Index No. 65994/2015, 05/10/16 (Scheinkman, J.)

Motion to Dismiss; Breach of Contract; Statute of Limitations; Tolling of Statute of Limitations; Uniform Commercial Code (UCC); CPLR 213(2). By: Angela Cipolla | Staff Writer Plaintiff, Calltrol Corporation, is an authorized distributor of software products and other third party … Continue reading

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Jetro Holdings, LLC v. MasterCard Intl., Inc., Index No.60374/2015, 5/3/16 (Scheinkman, J.)

Equitable Subrogation; Unjust Enrichment; Breach of Contract; Implied Covenants of Good Faith and Fair Dealing By: Ivelina Popova | Staff Writer Jetro Holdings, LLC (“Plaintiff”) entered into a contractual agreement with PNC Bank (“PNC”) to enable its customers to pay … Continue reading

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1981 Ocean Ave. Realty, LLC v. Station Mgmt. Serv. Inc., Index No. 87058/2015, 4/5/16 (Levine, J.)

Holdover Proceeding; Breach; Lease; Voluntary Termination; RPAPL § 741(3); Subtenant Rights; Necessary Party By: Gleny M. Peña | Staff Member Petitioner is the landlord of the premises known as 1891 Ocean Avenue in Brooklyn, New York. Respondents, Station Management, Ocean … Continue reading

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