LEOGRANDE v. LEOGRANDE

No. CV-88-2564.

799 F.Supp. 1354 (1992)

Joseph LEOGRANDE, Sr., Plaintiff, v. Donald LEOGRANDE, individually and as Trustee of the Windsor Fuel Co., Inc. Pension Trust and the Windsor Fuel Co., Inc. Superimposed Pension Trust, Joseph LeoGrande, Jr., individually and as Trustee of the Windsor Fuel Co., Inc. Pension Trust and the Windsor Fuel Co., Inc. Superimposed Pension Trust, Sue Ann LeoGrande, Windsor Fuel Co., Inc., A.J. Savasta, Inc., Edward M. Gordon, the Windsor Fuel Co., Inc. Pension Trust and the Windsor Fuel Co., Inc. Superimposed Pension Trust, Defendants. Donald LEOGRANDE, individually and as Trustee of the Windsor Fuel Co., Inc. Pension Trust and Superimposed Pension Trust, Joseph LeoGrande, Jr., individually and as Trustee of the Windsor Fuel Co., Inc. Pension Trust and Superimposed Pension Trust, Windsor Fuel Co., Inc., the Windsor Fuel Co., Inc. Pension Trust and the Windsor Fuel Co., Inc. Superimposed Pension Trust, Counter/Cross-Claimants, v. Joseph LEOGRANDE, Sr., Allan Bakst, and John Does 1-5, Counterclaim Defendants, and A.J. Savasta, Inc., Pension Parameters, Inc., and A.J. Savasta Pension Parameters of Long Island, Inc., Cross-Claim Defendants. Allan BAKST, Cross-Claimant, v. Jane SAVASTA, as Executrix of the Estate of Anthony J. Savasta, deceased, Cross-Claim Defendant. William LEOGRANDE, personally and in the right of Windsor Fuel Co., Inc., a corporation, Intervenor-Plaintiff, v. WINDSOR FUEL CO., INC., Joseph LeoGrande, Sr., Joseph LeoGrande, Jr. and Donald LeoGrande, each individually and as trustees of the defendants Windsor Fuel Co., Inc. Pension Trust, The Windsor Fuel Co., Inc. Superimposed Pension, The Donald and Joseph LeoGrande Irrevocable Trust and the LeoGrande Family Irrevocable Trust, Intervenor-Defendants.

United States District Court, E.D. New York.

August 11, 1992.


Attorney(s) appearing for the Case

Allan Bakst, pro se.

Ruskin, Moscou, Evans & Faltischek, P.C., Mineola, N.Y., for counterclaim defendant, counterclaimant and cross-claimant.

Joel B. Harris, Thacher Proffitt & Wood, New York City, for Donald LeoGrande and Joseph LeoGrande, Jr., individually and in their capacities as Trustees of The Windsor Fuel Co., Inc. Pension Trust and Superimposed Pension Trust, and for Windsor Fuel Co., Inc. and Sue Ann LeoGrande.

David G. Greene, Lord, Bissell & Brook, Atlanta, Ga., for Donald LeoGrande, et al., etc.

Ralph C. Prisco, Vaccaro & Prisco, Hauppauge, N.Y., for the Pension Trusts, The Windsor Fuel Co., Inc., Pension Trust and Superimposed Pension Trust.


GLASSER, District Judge:

One of the remaining parties in this action, Allan Bakst, has moved to file an amended and supplemental pleading against several of the original defendants. These defendants have moved for sanctions under Federal Rule of Civil Procedure 11. For the reasons set forth below, the motion of Bakst is denied, and the motion for sanctions is granted.

FACTS

In 1988, Joseph LeoGrande, Sr. brought this action against his sons, Donald...

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