X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 006) 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 260, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 were read on this motion to/for Summary JudgmentThe following e-filed documents, listed by NYSCEF document number (Motion 007) 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 261, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 292, 315 were read on this motion to/for Summary JudgmentDECISION AND ORDER Motion sequence nos. 006 and 007 are consolidated for disposition herein.This dispute arises out an unpaid money judgment entered in plaintiff’s favor against defendant Valoc Enterprises, Inc. (Valoc). In motion sequence no. 006, plaintiff New Gold Equities Corp. moves, pursuant to CPLR 3212, for summary judgment on liability on the first, second, third, fifth and ninth causes of action. In motion sequence no. 007, defendants Valoc, Norman R. Berkowitz (Berkowitz), in his individual capacity, in his capacity as the Executor of the Estate of Rhoda Miller Goldman a/k/a Rhoda Miller and in his capacity as an officer and director of Valoc, and the Estate of Rhoda Miller Goldman a/k/a Rhoda Miller (Estate) (collectively, defendants) move, pursuant to 3212, for summary judgment dismissing the complaint against them.1 No party has moved for relief against defendant law firm Ballon Stoll Bader & Nadler, P.C. (Ballon), and Ballon did not submit papers in response to either motion.BACKGROUNDPlaintiff is the owner of real property located at 213-223 East 43rd Street and 214-226 East 44th Street, New York, New York (the Premises) (affirmation of Eric D. Sherman in support [Sherman affirmation in support], exhibit 1 [complaint], 6). Rhoda Miller (Miller) was Valoc’s president, officer, owner and sole shareholder until her death on June 24, 2012 (id.,

9-10). Her shares were then transferred to the Estate (Sherman affirmation in support, exhibit 6 [Berkowitz Dec. 10, 2014 deposition transcript] [Berkowitz 12/10/2014 tr] at 27). Berkowitz, the executor of the Estate, serves as Valoc’s secretary, treasurer and general counsel pursuant to an employment agreement dated May 1, 2003 (Sherman affirmation in support, exhibit 2 [answer], 12). Berkowitz is also a partner at Ballon (complaint 110).On January 1, 1959, plaintiff’s predecessor-in-interest and Valoc’s predecessor-in-interest entered into a triple net lease for the Premises that expired on December 31, 2012 (the Lease or the Leasehold) (answer

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›

Established NYC construction firm requires NY-admitted in-house counsel. Knowledge of contracts, insurance, indemnity. Monitor outside litig...


Apply Now ›

Expanding law firm seeks high-quality family law attorney for busy practice. Strong communication and teamwork skills required. Regular sche...


Apply Now ›