Cohen et al v. Treuhold Capital Group LLC
| Mitchell J. Cohen, Saxon Mortgage Services, Inc., Wells Fargo Bank, N.A., America's Servicing Company and Mortgage Electronic Registration Systems, Inc. |
| Treuhold Capital Group LLC |
| Diana G. Adams |
| 2:2009cv03724 |
| August 26, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nassau |
| Joseph F. Bianco |
| None |
| 28 U.S.C. ยง 1334 Bankruptcy Appeal |
| None |
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Filing
15
MEMORANDUM AND OPINION. For the reasons herein, this Court concludes that the Bankruptcy Court erred in granting summary judgment on the existence of a joint venture because disputed issues of material fact exist on that question. The Bankruptcy Co urt must also consider on remand, after resolution of the joint venture issue, whether any offset is warranted, based upon payments made under the April 2007 Agreement or otherwise, for any outstanding money that it is determined is owed to Treuhold. The Court affirms the Bankruptcy Court's grant of summary judgment on all other grounds, including with respect to Cohen's lack of authority to execute the sales of the Brookhaven and Coursen Properties, the existence of a novation, and Appellants' affirmative defenses. Accordingly, the Court remands to the Bankruptcy Court for further proceedings consistent with this Memorandum and Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/6/2010. (Weisgerber, Erica)
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