FICUS INVS., INC. v. PRIVATE CAPITAL MGT., L.L.C.

1246, 600926/07.

66 A.D.3d 557 (2009)

886 N.Y.S.2d 596

2009 NY Slip Op 7493

FICUS INVESTMENTS, INC., et al., Respondents, v. PRIVATE CAPITAL MANAGEMENT, L.L.C., et al., Defendants, and CHRISTOPHER CHALAVOUTIS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 22, 2009.


The record demonstrates that in February 2008 defendant was instrumental in negotiating the conveyance of certain mortgages without providing notice to plaintiffs, thereby disobeying an order of the court, entered December 21, 2007, that prohibited defendant from taking any action with respect to the subject mortgages "without first providing 48 hour[] written notice" to counsel for plaintiffs. The record further demonstrates that defendant's actions were calculated to impair...

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