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Meisels v. Meisels

Direct Claims Sufficiently Pleaded; No Need to Dismiss Case for Failure to Join Estate

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MEMORANDUM & ORDER Minia Meisels brought this action against her son, Henry Meisels, and grandson, Joel Meisels.1 The parties dispute the ownership and control of five properties in Brooklyn, New York. The properties at issue sit at the bottom of a two-tiered corporate structure. The defendants have moved for judgment on the pleadings, arguing that each of Minia’s claims should have been pleaded derivatively on behalf of the limited liability companies that own these properties directly, rather than Minia herself. Because addition of the LLCs would destroy diversity, the defendants then go on to assert that the case should be dismissed for lack of subject-matter jurisdiction. They also argue that the case should be dismissed because the estate of Minia’s late husband, Vilmos Meisels, is an indispensable party that cannot be joined. For the reasons that follow, the motion for judgment on the pleadings is denied. I. Background The factual background of this case has been laid out in prior orders.2 Familiarity with these facts is assumed for purposes of this order. Each of the properties at issue is owned by a separate New York limited liability company. Each LLC, in turn, has a single member, a distinct New York corporation. (The parties refer to these corporations as the “Meisels Companies.”) Compl.

5, 18-22, ECF No. 1. Minia has alleged that she is the majority owner of each of these corporations. Compl.

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