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Sutton 58 Assocs. LLC v. Pilevsky

Supreme Court, Appellate Division, First Department, New York.
Jan 10, 2019
168 A.D.3d 477 (N.Y. App. Div. 2019)

Opinion

8064 Index 654917/16

01-10-2019

SUTTON 58 ASSOCIATES LLC, Plaintiff–Respondent, v. Philip PILEVSKY, et al., Defendants–Appellants.

Friedman Kaplan Seiler & Adelman LLP, New York (Robert S. Smith of counsel), for appellants. Kramer Levin Naftalis & Frankel LLP, New York (Ronald S. Greenberg of counsel), for respondent.


Friedman Kaplan Seiler & Adelman LLP, New York (Robert S. Smith of counsel), for appellants.

Kramer Levin Naftalis & Frankel LLP, New York (Ronald S. Greenberg of counsel), for respondent.

Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about March 8, 2018, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff's claims, in which the sole damages plaintiff claims are losses resulting from the delay of a real estate project due to the bankruptcy filing of two nonparty entities,

are preempted by federal law (see Astor Holdings, Inc. v. Roski, 325 F.Supp.2d 251, 262–263 [S.D. N.Y.2003] ). We note that in the bankruptcy proceedings, plaintiff moved to dismiss Mezz Borrower's petition as filed in bad faith but voluntarily withdrew that motion. As in National Hockey League v. Moyes , 2015 WL 7008213, 2015 U.S. Dist. LEXIS 153262 (D. Ariz., Nov. 12, 2015, No. CV–10–01036–PHX–GMS), and unlike Davis v. Yageo Corp. , 481 F.3d 661 (9th Cir.2007), plaintiff's damages arise only because of the bankruptcy filings.

In light of the above disposition, we need not reach the parties' arguments about the Noerr–Pennington doctrine and veil-piercing.


Summaries of

Sutton 58 Assocs. LLC v. Pilevsky

Supreme Court, Appellate Division, First Department, New York.
Jan 10, 2019
168 A.D.3d 477 (N.Y. App. Div. 2019)
Case details for

Sutton 58 Assocs. LLC v. Pilevsky

Case Details

Full title:Sutton 58 Associates LLC, Plaintiff-Respondent, v. Philip Pilevsky, et…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 10, 2019

Citations

168 A.D.3d 477 (N.Y. App. Div. 2019)
168 A.D.3d 477
2019 N.Y. Slip Op. 210

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