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Zapoteco v. RAPI Inc.

Homes' Transfer by Restaurant Owner to Wife Not Shown Fraudulent; Injunction Denied

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MEMORANDUM & ORDER Plaintiffs are former employees of Brioso Ristorante in Staten Island. They have filed a collective action against their former employers that principally alleges violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Laws (“NYLL”). In addition, plaintiffs allege that one of the owners of Brioso Ristorante, Pietro DiMaggio, fraudulently conveyed two residential properties to his wife Lisa DiMaggio in 2017. Plaintiffs allege that the purpose of the conveyance was to defraud Mr. DiMaggio’s creditors. Plaintiffs have filed a motion seeking (i) a preliminary injunction enjoining the DiMaggios from selling or otherwise disposing of the two residential properties during the pendency of this litigation, (ii) an order attaching those properties and other such property as may be necessary to secure a potential judgment, and (iii) an order requiring Mr. DiMaggio to disclose his interests in property and debts owed to him. For the reasons that follow, plaintiffs’ motion is denied. BACKGROUND I. Factual Background Pietro DiMaggio is a partial owner of Brioso Ristorante in Staten Island. P. DiMaggio Decl. 1 (Dkt. #40). He resides with his wife, Lisa DiMaggio, and their teenage daughters at 101 Iron Mine Drive in Staten Island. Id. 13. The DiMaggios’ former home at 581 Lamoka Avenue in Staten Island is currently rented out to tenants. Ibid.; L. DiMaggio Decl.

7-8 (Dkt. #41). Prior to 2017, the two properties (the “Properties”) were owned either jointly by the DiMaggios or solely in Mr. DiMaggio’s name. See Moosnick Decl.

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