| June 10, 2014 |
Filing
900
OPINION AND ORDER: On the basis of the evidence submitted and for the reasons set forth above, Olympia's motion for the entry of default judgment is granted. The crossclaims asserted against Avruhum Donner are hereby severed, and the Clerk of Court is directed to enter final judgment, on default, and pursuant to Fed. R. Civ. P. 54, as follows (see order for details). Ordered by Judge Nina Gershon on 6/6/2014. (fwd for judgment) (Fernandez, Erica)
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| November 5, 2012 |
Filing
800
OPINION & ORDER re 762 Motion for Partial Summary Judgment. Summary judgment is granted to Fannie Mae on its constructive fraud claim against Samuel Pinter in the amount of $853,790.34. Fannie Mae asks the court to award interest starting o n July 1, 2000, the date halfway between the first and last fraudulent transfer. The court finds July 1, 2000 to be a reasonable intermediate date on which to begin calculating interest on the transfers from which Sam benefitted. So Ordered by Judge Nina Gershon on 10/22/2012. (Lee, Tiffeny)
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| December 12, 2011 |
Filing
694
ORDER granting in part and denying in part 645 Motion for Summary Judgment: Summary judgment is granted in favor of Olympia, and against Abe Donner, in the amount of $498,575.15, for Abe Donner's breach of fiduciary duty, for transfers from Olympia to the Donner Relatives. In addition, pursuant to Rule 56(g) of the Federal Rules of Civil Procedure, I find that Olympia was insolvent at least since December 31, 1997, and possibly for its entire existence. For the reasons stated on the record at the conference, pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, it appears that summary judgment is warranted in favor of Olympia on Sections 273 ad 276 of New York Debtor and Creditor Law for $498,575.15. Pursu ant to Rule 56(f), I hereby give Donner until Tuesday, December 27, to file papers in opposition to such a grant of summary judgment. See attached order for further details. So ordered. Ordered by Senior Judge Nina Gershon on 12/12/2011. (Chelst, Dina)
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| June 17, 2011 |
Filing
629
OPINION AND ORDER: For the reasons set forth above, the Donner Relatives' motion for summary judgment is denied. Summary judgment is granted to Olympia on its crossclaims against the Donner Relatives on constructive and actual fraud pursuant to New York Debtor and Creditor Law § § 273 and 276.Olympia is awarded damages against the Donner Relatives in the following amounts, with interest from the specified dates: (1) Toby Donner: S1619.88, interest from July 31, 2004; (2) Nachema D onner: $171,743.41, interest from November 15, 2001; (3) Chaim Donner: $10,962.01, interest from November 15, 2000; (4) Perry Lerner: $65,384.89, interest from May 15, 2000; (5) Yocheved Donner: $136,755.41, interest from December 1, 2001; (6) Sarah Donner: $82,543.44, interest from November 15, 2000; and (7) Naftali Donner: $29,566.11, interest from September 15, 2003. Ordered by Senior Judge Nina Gershon on 6/15/2011. (Fernandez, Erica)
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| June 8, 2011 |
Filing
628
OPINION AND ORDER: For the reasons set forth above, Olympia's motion for partial summary judgment is granted against the Entity Defendants on constructive fraud pursuant to New York Debtor and Creditor Law § 273. Olympia's motion to pi erce the corporate veil as to Samuel Pinter is also granted, and Olympia will be granted judgment against Samuel Pinter in the sum of $44.8 million. Olympia's request for entry of a partial final judgment pursuant to Fed. R. Civ. P. 54(b) is denied. Ordered by Senior Judge Nina Gershon on 6/7/2011. (Fernandez, Erica)
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