The Great Atlantic & Pacific Tea Company, Inc. v. 380 Yorktown Food Corporation et al
| The Great Atlantic & Pacific Tea Company, Inc. |
| 380 Yorktown Food Corporation, Joseph Friedman, Country Markets of Westchester Ltd., 344 Food Corp., 6040 F.P. Food LLC, Jestam Global Ltd., Jestam International Ltd., Jestam Realty, LLC and 71-76 Yellowstone LLC |
| 1:2016cv05250 |
| July 1, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Andrew L. Carter |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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Filing
132
ORDER. After review, the Court believes that further communication between the parties is necessary before determining whether to schedule a conference. Accordingly, counsel are directed to respond to any outstanding settlement proposals and to conti nue to participate in preliminary settlement discussions. Furthermore, by September 4, 2020, the parties shall notify the Court, by letter filed on ECF, whether it should schedule a settlement conference in this matter. So ordered. (Signed by Magistrate Judge Judith C. McCarthy on 8/18/2020) (rjm)
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Filing
124
CLERK'S JUDGMENT re: 123 Memorandum & Opinion in favor of The Great Atlantic & Pacific Tea Company, Inc. against 344 Food Corp., 380 Yorktown Food Corporation, 6040 F.P. Food LLC, 71-76 Yellowstone LLC, Country Markets of Westchester Ltd. , Jestam International Ltd., Joseph Friedman in the amount of $660,540.40. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Amended Opinion & Order dated July 31, 2020, Plaintiff's motion for s ummary judgment is GRANTED in part and DENIED in part and Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff's summary judgment is granted on its claim that certain loan, loan repayments and distribu tions from Defendant 380 Yorktown Corporation to Defendant Joseph Friedman should be set aside as constructively fraudulent conveyances under New York Debtor and Creditor Law § 273-a. Accordingly, Plaintiff is entitled to a final judgment agai nst Defendant 380 Yorktown Corporation in the amount of $660,540.40 plus post-judgment interest, representing the (1) $412,861.00 in avoidable conveyances from Defendant 380 Yorktown Corporation to Defendant Joseph Friedman, and (2) 6;247,679.40 of prejudgment interest in the amount of 9% per annum, as set by New York Civil Practice Law and Rules§ 5004, from December 2, 2013, the date of the underlying state-court judgment. The Court denies Plaintiff's motion fo r summary judgment on its remaining claims. Defendants are granted summary judgment dismissing Plaintiff's claims against Defendants Jestam Global Ltd. and Jestam Realty, LLC. Thus, as previously articulated in the Court's original Opin ion & Order, dated May 4, 2020, Defendants Jestam Global Ltd. and Jestam Realty, LLC are terminated from this case. The Court otherwise denies Defendants' motion for summary judgment dismissing the action. Pursuant to the Order to Show Cause i ssued by the Court on July 2, 2020, and for the reasons articulated by Plaintiff in its moving papers and at oral argument, Plaintiff's request for pre-judgment restraints under Federal Rule of Civil Procedure 64 and New York Civil Practice L aw and Rules § 5229 are granted. Defendants are restrained from making or suffering any sale, assignment, transfer, or interference with any property in which they have an interest, with the same effect as if a restraining notice had been serv ed on Defendants. Although there are claims that have yet to be resolved in this case, as it relates to the judgment of $660,540.40, the matter will proceed to discovery in aid of execution of the judgment. Pursuant to Rule 54(h) of the Federal Rules of Civil Procedure, final judgment is entered in favor of Plaintiff in the amount of $660,540.40. (Signed by Clerk of Court Ruby Krajick on 8/3/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
123
AMENDED OPINION & ORDER : For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED in part and DENIED in part and Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The Court grant s Plaintiff summary judgment on its claim that certain loan, loan repayments and distributions from Defendant 380 Yorktown Corporation to Defendant Joseph Friedman should be set aside as constructively fraudulent conveyances under New York Debt or and Creditor Law § 273-a. Accordingly, Plaintiff is entitled to a final judgment against Defendant 380 Yorktown Corporation in the amount of $660,540.40 plus post-judgment interest, representing the (1) $412,861.00 in avoidable conveyances from Defendant 380 Yorktown Corporation to Defendant Joseph Friedman, and (2) $247,679.40 of prejudgment interest in the amount of 9% per annum, as set by New York Civil Practice Law and Rules § 5004, from December 2, 20 13, the date of the underlying state-court judgment. The Court denies Plaintiff's motion for summary judgment on its remaining claims. Defendants are granted summary judgment dismissing Plaintiff's claims against Defendants Jestam Global Ltd. and Jestam Realty, LLC. Thus, as previously articulated in the Court's original Opinion & Order, dated May 4, 2020 (ECF No. 109), Defendants Jestam Global Ltd. and Jestam Realty, LLC are terminated from this case. The Court otherwise de nies Defendants' motion for summary judgment dismissing the action. Pursuant to the Order to Show Cause issued by the Court on July 2, 2020 (ECF No. 117), and for the reasons articulated by Plaintiff in its moving papers and at oral argument , the Court also grants Plaintiff's request for pre-judgment restraints under Federal Rule of Civil Procedure 64 and New York Civil Practice Law and Rules § 5229. Defendants are restrained from making or suffering any sale, assignment, tr ansfer, or interference with any property in which they have an interest, with the same effect as if a restraining notice had been served on Defendants. Although there are claims that have yet to be resolved in this case, as it relates to the judgm ent of $660,540.40, the matter will proceed to discovery in aid of execution of the judgment. The Court will issue an Order of Referral to Magistrate Judge Judith C. McCarthy for the purpose of conducting post-judgement discovery. The parties are directed to contact Magistrate Judge McCarthy within five (5) days of the issuance of that Order of Referral to schedule further proceedings. Pursuant to Rule 54(h) of the Federal Rules of Civil Procedure, the Clerk of Court is directed to enter final judgment in favor of Plaintiff in the amount of $660,540.40. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/31/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
122
ORDER: The Pretrial Conference scheduled for July 30, 2020 at 2:30 pm is converted from an in-person conference to a teleconference. A Show Cause Hearing is also scheduled in this case for the same date and time. Although the call-in instructions were previously posted to the docket (see ECF No. 117), they are listed again for counsel's convenience. (As further set forth herein this Order.) (Signed by Judge Nelson Stephen Roman on 7/27/2020) (va)
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Filing
119
RESCHEDULING ORDER: Due to the scheduling of a Show Cause Hearing on July 30, 2020 at 2:30 pm, the above case previously scheduled for Pretrial Conference on July 9, 2020 is hereby adjourned until July 30, 2020 at 2:30 pm in Courtroom 218 before the Hon. Nelson S. Roman, at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601. SO ORDERED., ( Pretrial Conference set for 7/30/2020 at 02:30 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman., Show Cause Hearing set for 7/30/2020 at 02:30 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 7/06/2020) (ama)
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Filing
109
OPINION & ORDER re: 84 MOTION for Summary Judgment . filed by 6040 F.P. Food LLC, 380 Yorktown Food Corporation, 344 Food Corp., 71-76 Yellowstone LLC, Jestam International Ltd., Joseph Friedman, Jestam Realty, LLC, Cou ntry Markets of Westchester Ltd., Jestam Global Ltd., 81 MOTION for Summary Judgment . filed by The Great Atlantic & Pacific Tea Company, Inc.., For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED in pa rt and DENIED in part and Defendants' motion for summary judgment is GRANTED in part and DENIED in part. The parties are directed to appear for a pre-trial conference on July 9, 2020 at 12:00 PM. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 81 & 84. The Clerk is further directed to terminate Defendants Jestam Global Ltd. and Jestam Realty, LLC from this case., Jestam Global Ltd. and Jestam Realty, LLC terminated. (Signed by Judge Nelson Stephen Roman on 5/4/2020) (rj)
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