Yerushalmy v. Resles

NEW YORK COUNTY
Creditors and Debtors Rights

New York Law Journal

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Justice Joan Madden

Defendants moved for dismissal of claims against them. Yerushalmy sought to recover damages for fraud and unjust enrichment based on defendants' alleged conspiracy to frustrate and render a 2008 judgment against Resles uncollectible. Resles allegedly failed to pay on a 2005 note, and plaintiff was granted a $1.645 million judgment. Unable to pay the judgment, plaintiff looked to the collateral given as security for the note, the shares of Oxford Capital, whose sole asset was a percentage interest in 554-556 Third Avenue. Plaintiff alleged an elaborate scheme to prevent recovery on the judgment by Resles and defendants. The court ruled the fraud alleged was not an isolated incident of a single misrepresentation, but a scheme allegedly orchestrated by 554-556 Third and 554-556 Manager. It noted the ultimate purpose of the scheme appeared to be to keep Yerushalmy from satisfying his judgment. The court ruled the allegations were sufficient to give rise to a reasonable inference of fraud, noting, contrary to defendants' contentions, plaintiff did not have to allege defendants owed him a fiduciary duty in order to assert fraud based on these alleged misrepresentations. It also found the unjust enrichment claim was sufficient, denying dismissal.

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