Nissan Motor Acceptance Corporation v. Five Towns Nissan, LLC et al
| Plaintiff: |
Nissan Motor Acceptance Corporation |
| Defendant: |
Neil Barbagallo, Five Towns Nissan, LLC, Alex Korchmar and Shmuel Wolf |
| Case Number: |
2:2016cv07028 |
| Filed: |
December 21, 2016 |
| Court: |
US District Court for the Eastern District of New York |
| Office: |
Central Islip Office |
| Presiding Judge: |
Arlene R. Lindsay |
| Presiding Judge: |
Joanna Seybert |
| Nature of Suit: |
Contract: Other |
| Cause of Action: |
28 U.S.C. § 1332 Diversity-Breach of Contract |
| Jury Demanded By: |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
| Date Filed |
Document Text |
| December 17, 2020 |
Filing
89
MEMORANDUM & ORDER denying 84 Motion for Reconsideration; For the stated reasons, Plaintiff's motion for reconsideration (ECF No. 84) is DENIED. The Court renews its referral to Judge Lindsay to schedule a settlement and/or discovery confere nce for Plaintiff to discover any additional information from Defendant regarding its claims of forgery and the execution of the Promissory Note (see Order at 21 n.9). The stay entered June 30, 2020 is LIFTED and within thirty (30) days of the date of this Order, the parties are to submit a joint letter as set forth herein. So Ordered by Judge Joanna Seybert on 12/17/2020. C/ECF (Valle, Christine)
|
| May 29, 2020 |
Filing
83
MEMORANDUM & ORDER denying 76 Motion for Summary Judgment; For the stated reasons, Plaintiff's motion for summary judgment (D.E. 76) is DENIED. To the extent needed, the Court refers the parties to Judge Lindsay to set a schedule for Plainti ff to discover any additional information from Defendant regarding its claims of forgery and the execution of the Promissory Note (see supra, Note 9). Within thirty (30) days of the date of this Order, the parties are to submit a joint letter (1) cla rifying all remaining claims, crossclaims, and counterclaims, (2) whether there are any outstanding substantive or scheduling issues to address, and (3) whether they wish to schedule a settlement and/or discovery conference with Judge Lindsay. So Ordered by Judge Joanna Seybert on 5/29/2020. C/ECF (Valle, Christine)
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| February 14, 2018 |
Filing
31
ORDER ADOPTING REPORT AND RECOMMENDATIONS : For the foregoing reasons, Judge Lindsays R&R (Docket Entry 28) is ADOPTED in its entirety. Wolfs and Barbagallos motions to dismiss Plaintiffs third cause of action (DocketEntries 15 & 16) are GRANTED. Ad ditionally, because similar reasoning supports dismissal of Plaintiffs money had and received claims against Korchmar, the Court dismisses Plaintiffs third cause of action against him. Accordingly, Plaintiffs money had and received claim is DISMISSED as against Wolf, Barbagallo, and Korchmar. Plaintiff is granted leave to amend its Complaint toassert a contractual claim against them based on a potential judgment against Five Towns on the money had and received claim. Plaintiff shall file its Amended Complaint within thirty (30) days of the date of this Memorandum and Order. Ordered by Judge Joanna Seybert on 2/14/2018. (Bollbach, Jean)
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