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Levin v. Kitsis

Weak Evidence Defeats Summary Judgment Motion Concerning Developmental Property

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The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations)    17-34 Opposing Affidavits (Affirmations)  3 Reply Affidavits (Affirmations)          16 Sur-Reply Affidavits (Affirmations)   37 Upon the foregoing papers, defendants Oscar Kitsis and his wife, Ada Kitsis (collectively, the Kitsis Defendants), and Avenue R. Condominium LLC (R LLC) (collectively, Moving Defendants) move (in motion sequence [mot. seq.] 24) for an order, pursuant to CPLR 3212, granting them summary judgment dismissing the amended complaint with prejudice or, alternatively, striking plaintiffs’ jury demand (NYSCEF Doc No. 17).1 Background The amended complaint, filed in April 2013, alleges that “Plaintiffs bring this action to recover damages arising out of fraudulent real estate transactions, conspiracy, deceptive business practice, unjust enrichment and other wrongful acts committed by the Defendant[s]” (NYSCEF Doc No. 27 at 1). Specifically, the amended complaint alleges that this action involves the development of a residential building with 12 condominium units with building parking at 1824 East 17th Street in Brooklyn (Building), which Building was owned by the developer of the project, Homecrest Building Development, LLC (Homecrest) (id. at

12 and 14). The amended complaint describes plaintiffs Googla Imports, Inc. (Googla) as “in business, among other things, of providing services, labor and/or material for construction of the condominium [B]uilding…” (id. at 4). ABC Funding, LLC (ABC), Mobil Food Vendors, LLC (Mobil) and Progressive 1, Inc. (Progressive) are similarly described as “in business, among other things, of providing services, labor and/or material for construction of the Building…” (id. at

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