Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses the case 'Kim v. HFZ 11 Beach Street LLC.'
November 02, 2021 at 02:11 PM
19 minute read
Condominiums—Fraud—Claims Against Sponsor, Sponsor's Principals, Indirect Principal, and Law Firm—Specific Performance—Constructive Trust—Voidable Transfer—Tortious Interference—Aiding and Abetting Fraud—Defendants Allegedly Either Committed Fraud or Aided and Abetted a Fraud Involving Transfer of Condo Unit That Plaintiff Had Contracted To Purchase
A plaintiff commenced an action seeking equitable relief and money damages, asserting claims for, "inter alia, breach of contract, constructive trust, voidable transfer, tortious interference with a contract, and aiding and abetting fraud…." Certain defendants, including a law firm (law firm), moved to dismiss the complaint pursuant to CPLR 3211(a)(1), (a)(3), and/or (a)(7). The motions to dismiss were granted in part.
The defendants included a real estate development company (HFZ Capital), a sponsor of a condominium plan (HFZ 11 Beach Street, LLC) (sponsor). The sole member of the sponsor is 11 Beach Investor, LLC. That LLC has two members. One member is an LLC controlled by individuals related to the sponsor. The second member is a nonparty, Joy Construction, LLC (Joy). A Joy related entity is an alleged "indirect principal" of the sponsor. The law firm represented the sponsor in a transaction between the sponsor and the plaintiff.
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