Treacy v. Ferder

2024 NY Slip Op 31441(U)

• Court: New York Supreme Court, New York County
• Decided: April 23, 2024
• Status: Unpublished

Opinion

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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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

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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-----------------------------------------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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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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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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