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Barshay v. Naithani

Dismissal of Breach Suit Over Failure to Pay Debt Owed for 19 Years Is Explained

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OPINION AND ORDER Plaintiff Yan Barshay brings this action for breach of contract, breach of fiduciary duty, and unjust enrichment, alleging Defendant Mahesh Naithani’s failure to satisfy a debt that has been owed to Plaintiff for nearly 19 years. Defendant has moved to dismiss the Amended Complaint on the bases that Plaintiff’s claims (i) are barred by a release that ostensibly covered Defendant’s repayment obligations; (ii) were discharged by Defendant’s bankruptcy proceedings; (iii) are time-barred; and (iv) fail to state any valid causes of action. For the reasons that follow, the Court grants Defendant’s motion to dismiss the Amended Complaint, though it will consider an application for leave to replead. BACKGROUND1 A. Factual Background 1. The Parties Plaintiff Yan Barshay, a citizen of New York, and Defendant Mahesh Naithani, a citizen of California, have been conducting business together since at least the year 2000, when they worked together at Ibex Telecom, a business venture in the pre-paid telephone card space located in New York City. (Am. Compl.

6, 7, 11). From 2005 to 2019, Plaintiff was employed as a senior executive at Medmeme LLC, where Defendant held the position of President. (Id. at 8). 2. The Loan and Subsequent Efforts to Collect Payment Plaintiff alleges that in August 2000, Defendant asked Plaintiff to assist him in securing a $100,000 loan from lenders Alexander Narod and Val Napadov (together, the “Lenders”), with whom Plaintiff was personally acquainted. (Am. Compl. 12). Per the terms of Defendant’s loan agreement with the Lenders, Defendant was to make monthly interest payments; but in late March 2003, Plaintiff advised Defendant that the Lenders were pressuring Plaintiff to pay down Defendant’s debt. (Id. at

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