Preliminary Injunction; Temporary Restraining Order; Sanctions; Contract; Property
By Evan Jaffe | Staff Writer
On or around March 2003, Plaintiff Avraham Lehrer (“Avraham”) formed Plaintiff 762 Park Place Realty, LLC (“762 Park Place” and, collectively, “Plaintiffs”) for the purpose of purchasing a property known as 762 Park Place, Brooklyn, New York (the “Property”). The instant mater concerns the dispute as to whether Shlomo, in 2003, was a valid 50% owner of 762 Park Place. In addition, Avraham disputes whether in 2008 he transferred a 50% ownership interest in 762 Park Place to Shlomo, making Shlomo the 100% owner. On or about October 27, 2014, Shlomo sold the Property to Defendant 762 Park, LLC (the “Purchaser”).
Plaintiffs commenced an action against Shlomo seeking a declaratory judgment that Avraham was the sole owner of 762 Park Place, declaring the sale of the Property null and void, among other causes of action. Plaintiffs also moved by order to shower cause for an order (i) restraining and enjoining defendant Shlomo from disposing of or transferring the proceeds of the sale of the Property, (ii) restraining and enjoining Shlomo from taking any action on behalf of 762 Park Place, and (iii) restraining and enjoining the Purchaser from disposing of or further transferring the Property. Avraham alleged that from 2003 until sale of the Property, he was the sole member 762 Park Place. Avraham further alleged that Shlomo forged multiple certificates, in 2003 and 2008, which transferred Avraham’s ownership to Shlomo.
Defendants/Shlomo opposed the motion and cross-moved for an order, pursuant to CPLR 3211(a)(1), dismissing the complaint based on documentary evidence. In response, Shlomo countered that according to a 2003 certificate, he and Avraham each owned 50% interest in 762 Park Place Realty. Furthermore, Shlomo claimed that according to a 2008 certificate, Avraham transferred his 50% interest to Shlomo, thus making Shlomo the sole owner.
The court granted the TRO, the parties stipulated to discontinuance against all parties except Shlomo and permitted his sister Ayala Levin to intervene for her claim of ownership in the Property.
In reviewing both the certificates and Avraham’s submissions, the Court concluded that in 2003, Avraham was a 50% owner of 762 Park Place and Shlomo was also a 50% owner. The court held that in 2008, based upon documentary evidence, Avraham transferred his 50% ownership interest in 762 Park Place to Shlomo. The court found there was no issue of fact regarding allegations of forgery as the court compared Avraham’s signatures on various certificates and court filings and found the signatures to be consistent.
The court therefore granted Shlomo’s cross motion to dismiss. The court denied Plaintiff’s motion to dismiss because the court found Avraham was not a member of 762 Park Place at the commencement of the suit, Plaintiffs’ motion for an injunction was denied due to a lack of standing. The court vacated the temporary restraining order. The court also imposed sanctions and reasonable attorneys fees due to Avraham’s frivolous filing.
762 Park Place Realty, LLC v Lehrer, Index No. 510838/14 (Demarest, J).