![]() ![]() However, as more fully discussed below, despite two rounds of written discovery demands and several Court orders, neither plaintiffs nor the Abacus/Sung defendants have produced much by way of documentary evidence. In view of the parties' respective claims, the nature and scope of the parties' relationship - did they have a straight-forward landlord/tenant relationship as plaintiffs contend, or are they jointventurers as the Abacus/Sung defendants contend - is at least one threshold issue, the other being whether defendants are alter-egos of one another, for which proof should be exchanged, or so it would seem to this Court. ![]() The matter, however, is complicated by the fourteen counterclaims raised in the Answer of Abacus and defendants Thomas Sung and Jill Sung (collectively, the "Abacus/Sung defendants"), based upon their allegations that Abacus owned the adjoining building at 181 Canal Street ("181 Canal"), and that the parties entered into an oral 'joint-venture" on whereby they agreed to combine both buildings (183 Canal and 181 Canal) and to operate them as a single entity. ![]() 653534/2014 RECEIVED NYSCEF: good faith and fair dealing (second cause of action) (3) unjust enrichment (third cause of action) and (4) breach of lease (fourth through seventh causes of action). ![]() The amended verified complaint'(deemed by this Court to be filed on Aug), asserts causes of action for: (1) a declaration that, notwithstanding the lease assignment from Abacus to Canal St., all defendants are liable for rent under the commercial lease (first cause of action) (2) breach of the implied covenant of of 5 2 of 6 NYSCEF DOC. Background At first glance, this is a seemingly straightforward matter in which plaintiffs The Berkun Family LLC ("Berkun") and The Tuttman Family LLC ("Tuttman") (collectively, "plaintiffs"), the owners of the commercial building locate.d at 183 Canal Street, New' York, New York ("183 Canal"), seek to recover frpm defendant Abacus Federal Savings B~nk ("Abacus"), a commercial tenant of 183 Canal, and the other defendants - Abacus' alleged alter-egos - rent, additional rent, costs, and attorneys fees for Abacus' alleged fraudulent assignment of the commercial lease to 183 Canal St. 4 Upon the foregoing papers, the motion and cross-motion are each granted in part and denied in part. 3 Reply Affirmation in Further Support of Cross-Motion - Exhibit. 2 Affirmation in Opposition to Cross-Motion and in Further Support of Motion - Exhibits. 1 Notice of Cross-Motion - Affirmation - Exhibits. Engoron, Justice In compliance with CPLR 2219(a), this Court states that the following_papers, numbered 1to4, were used on the motion by defendants Abacus Federal Savings Bank, Thomas Sung, and Jill Sung to compel plaintiffs to respond to said defendants' Second Demand for Interrogatories and Second Demand for Discovery and Inspection, and for a conditional order of preclusion and plaintiffs' cross-motion to strike the moving defondants' answer or, in the alternative, to compel the moving defendants to produce documents responsive to plaintiff's Second Demand for Production of Documents: Papers Numbered: Notice of Motion - Affirmation - Exhibits. CORP., GLOBAL PALATE, INC., THOMAS SUNG, VERA SUNG and JILL SUNG, Defendants. TUTTMAN FAMILYLLC, Plaintiff, Index Number: 653534/2014 Sequence Number: 002 - against Decision and Order ABACUS FEDERAL SAVIN GS BANK, 183 CANAL ST. 653534/2014 RECEIVED NYSCEF: SUPREME' COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 37 -"-x THE BERKUN FAMILY LLC and THE. This opinion is uncorrected and not selected for official publication. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. Engoron Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. Bank 2017 NY Slip Op 31781(U) AugSupreme Court, New York County Docket Number: 653534/2014 Judge: Arthur F. ![]()
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