TUSCANO v. TUSCANO

No. 05 CV 2008(ADS)(WDW).

403 F.Supp.2d 214 (2005)

Richard TUSCANO, suing individually and in the right and as a shareholder of Northeastern Import Export, Inc., Island Textiles, Inc., Tierra Development Corp., Textile Recovery Services, Inc. and Clothing Helps, Corp., Plaintiff, v. Ronald TUSCANO, Joseph Tuscano, Eugene Lotardo, Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP, Countrywide Transport Inc., and Donna Lotardo, Defendants.

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

December 12, 2005.


Attorney(s) appearing for the Case

Ackerman, Levine, Cullen, Brickman & Limmer, LLP, by John M. Brickman, Esq., Great Neck, NY, for the Plaintiff.

William V. Alesi, P.C., by William V. Alesi, Esq., Mineola, NY, for the Defendants Ronald Tuscano, Joseph Tuscano, Eugene Lotardo, Countrywide Transport, Inc., and Donna Lotardo.

L'Abbate, Balkan, Colavita & Contini, L.L.P., by Amy M. Monahan, Esq., Garden City, NY, for the Defendant Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises out of claims by the plaintiff Richard Tuscano ("Richard" or the "plaintiff"), individually and derivatively on behalf of several corporations, that Ronald Tuscano, Joseph Tuscano, Eugene Lotardo, Donna Lotardo, and Countrywide Transport ("Countrywide") created a scheme under which they diverted, for their personal benefit, the assets of corporations partially owned by the plaintiff...

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