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Simon v. FrancInvest S.A.

Defendants' Motion to Stay Action, Plaintiff's Motion to Strike Amended Complaint Denied

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The following e-filed documents, listed by NYSCEF document number (Motion 018) 812, 813, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 837, 839, 840, 841, 842, 843, 844, 845, 862, 864 were read on this motion to/for STAY. DECISION ORDER ON MOTION Upon the foregoing documents, French-American Surgery Center, Inc., French American Clinic, Inc. and Jean-Francois Simon’s (collectively, the Defendants) motion for a stay is denied as moot. Jean-Pascal Simon’s (the Plaintiff) cross-motion to strike the Defendants’ Answer to the Third Amended Complaint (the Third Amended Answer) is denied. The Relevant Facts and Circumstances This action concerns a dispute over the sale of defendant French-American Surgery Center, Inc. (FASC) and certain assets owned by nominal defendant Franclnvest, S.A. (Franclnvest). The Plaintiff is the brother of defendant Jean-Francois Simon (Francois) and the sister of non-party Anne Valerie. Their father, Jean Jacques Simon (Jacques), formed Franclnvest to pass on his wealth to his children (NYSCEF Doc. No. 543, 51). The Plaintiff was allegedly the largest shareholder of Franclnvest at the time of its founding (id., 54). In 1982, Jacques formed the entity French-American Clinic Inc. (FAC) to open a surgery center in New York City and FAC leased the property located at 1049 Fifth Avenue for that purpose (id., 67-68). At that time, Franclnvest owned 83 percent of FAC and Jacques owned the remaining 17 percent (id., 69). Jacques later formed FASC in 1988 to operate the surgery center and FAC subsequently subleased the Premises to FASC (id.,

96-97, 124). The Plaintiff alleges that he made substantial professional and financial contributions in developing the surgery center before Jacques passed away in 2002 (id.,

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