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Treacy v. Ferder
Treacy v Ferder 2024 NY Slip Op 31441(U) April 23, 2024 Supreme Court, New York County Docket Number: Index No. 654145/2018 Judge: Debra A. James Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
INDEX NO. 654145/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. DEBRA A. JAMES PART 59 Justice ----------------------------------------------------------------- ----------------X INDEX NO. 654145/2018 TEGAN TREACY, MOTION DATE 07/18/2023 Plaintiff, MOTION SEQ. NO. 002 - V -
ILAN FERDER, ILAN FERDER STABLES, INC.,OLD SALEM FARM ACQUISITION CORP., and KAMRAN DECISION + ORDER ON HAKIM, MOTION
Defendants. ------------------------------------------------------------------- --------------X
The following e-filed documents, listed by NYSCEF document number (Motion 002) 39, 40, 41, 42, 43, 44,47,48,49,50,51,52,56 were read on this motion to/for RENEW/REARGUE
ORDER
Upon the foregoing documents, it is
ORDERED that the motion of defendants for leave to reargue
the Order, dated September 10, 2020, to the extent that such Order
denied dismissal of the complaint against Kamran Hakim and denied
dismissal of the second (deceptive acts and practices) cause of
action against defendants Ilan Ferder and Ilan Ferder Stables,
Inc; the fourth ( fraud) cause of action against defendants Ilan
Ferder and Ilan Ferder Stables, Inc; the fifth (negligent
misrepresentation) cause of action against defendant Ilan Ferder;
and the sixth (unjust enrichment) cause of action against defendant
Ilan Ferder, is GRANTED, as follows; and it is further
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INDEX NO. 654145/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/23/2024
ORDERED that, upon reargument, the Court modifies its prior
Order, dated September 10, 2020, to the extent of granting
dismissal of the complaint in its entirety against defendant Kamran
Hakim, and it is further
ORDERED that, upon reargument, the Court modifies its prior
Order, dated September 10, 2020, to the extent of granting
dismissal of the second (deceptive acts and practices) cause of
action against defendants Ilan Ferder and Ilan Ferder Stables,
Inc, and dismissal of the fourth, fifth and sixth (fraud, negligent
misrepresentation, and unjust enrichment) causes of action against
defendants Ilan Ferder and Ilan Ferder Stables, Inc, and such
causes of action are hereby dismissed; and it is further
ORDERED that the complaint is dismissed in its entirety as
against defendant Kamran Hakim, with costs and disbursements to
such defendant as taxed by the Clerk of the Court, and the Clerk
is directed to enter judgment accordingly in favor of such
defendant; and it is further
ORDERED that the action is severed and continued against the
remaining defendants; and it is further
ORDERED that the caption be amended to reflect the dismissal
and that all future papers filed with the court bear the amended
caption, as follows:
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INDEX NO. 654145/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/23/2024
-----------------------------------------x TEGAN TREACY,
Plaintiff,
-against-
ILAN FERDER, ILAN FERDER STABLES, INC., and OLD SALEM FARM ACQUISITION CORP.,
Defendants. -----------------------------------------x ;and it is further
ORDERED that counsel for the moving parties shall serve a
copy of this order with notice of entry upon the Clerk of the Court
and the Clerk of the General Clerk's Office, who are directed to
mark the court's records to reflect the change in the caption
herein; and it is further
ORDERED that such service upon the Clerk of the Court and the
Clerk of the General Clerk's Office shall be made in accordance
with the procedures set forth in the Protocol on Courthouse and
County Clerk Procedures for Electronically Filed Cases (accessible
at the "E-Filing" page on the court's website); and it is further
ORDERED that defendant Old Salem Farm Acquisition Corporation
shall serve an answer to the complaint within thirty (30) days of
service of a copy of this order with notice of entry; and it is
further
ORDERED that the Court otherwise adheres to its Order, dated
September 10, 2020; and it is further
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INDEX NO. 654145/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/23/2024
ORDERED that counsel are directed to post on NYSCEF a proposed
preliminary discovery conference order or competing proposed
preliminary discovery order(s) at least two days before June 20,
2024, on which date counsel shall appear via Microsoft Teams,
unless such appearance be waived by the court.
DECISION
With respect to the second cause of action for deceptive
acts and practices (violations of General Business Law§ 349),
plaintiff fails to allege material misrepresentations made to
the public at large, and therefore such cause of action lacks
merit. See Graham v Eagle Distributing Co, Inc, 224 AD2d 921
(4 th Dept 1996).
In addition, plaintiff's claims of (1) fraud as against
defendants Ilan Ferder and Ferder Stables, Inc, (2) negligent
misrepresentation against defendant Ilan Ferder, and (3) unjust
enrichment against defendants Ilan Ferder and Ferder Stables,
Inc are duplicative of her claims for breach of contract claims
against such defendants, and therefore such claims shall be
dismissed. See Soames v 2LS Consulting Engineering, DPC, 187
AD3d 490 (1 st Dept 2020).
This court likewise agrees with defendants that the
complaint and plaintiff's supporting affidavits state nothing
more, as to his status, than that defendant Hakim is "doing
business as" defendant Old Salem Farm Acquisition Corp. As such
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INDEX NO. 654145/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/23/2024
defendant entity is a corporation, defendant Hakim is no more
than a principal and stockholder of same and is not individually
liable except on a piercing of the corporate veil basis.
Plaintiff has not made even conclusory assertions that support
defendant Hakim's personal liability on plaintiff's breach of
fiduciary duty, negligent misrepresentation and fraud claims
against corporate defendant Old Salem Farm Acquisition Corp. See
Art Capital Bermuda Ltd v Bank of NT Butterfield & Son Limited,
169 AD3d 426, 427 (1 st Dept 2019); Dabrowski v Abax Inc, 64 AD3d
426 (1st Dept 2009); and Max Marcus Katz, PC v Sterling National
Bank, 206 AD3d 533 (1 st Dept 2022).
.v-~ JI - } ~ 20240423130232DJAMES2CB4Cl07431D4E3B96CD3A7DA21884AE
4/23/2024 DATE DEBRA A. JAMES, J.S.C.
~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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