AURIGA CAPITAL CORP. v. GATZ

No. 4901/05.

2005 NY Slip Op 30461 (U)

AURIGA CAPITAL CORPORATION, PAUL ROONEY, JR., GREENSCAPE, LTD., ROBERT TRENT JONES II, INC., IVAN M. BENJAMIN JR., HAKAN SOKMENSUER, DON KYLE, GLENN MORSE and BILL HARTNETT, Plaintiff, v. WILLIAM A. GATZ, GATZ PROPERTIES, LLC and "JOHN DOE" #1 THROUGH "JOHN DOE" #3 inclusive, the names of the last three Defendants being fictitious, said Defendants' true names being unknown to the Plaintiffs, it being thereby intended to designate individual persons, partnerships, corporations, or other entities, having engaged in the unlawful conduct described in the Complaint, Defendants, and PECONIC BAY GOLF, LLC, Nominal Defendants.

Supreme Court, Westchester County.

Motion Date October 14, 2005.


Attorney(s) appearing for the Case

Thacher Proffit & Wood, LLP, Attorneys for Plaintiffs, 50 Main Street, 5th FL. White Plains, New York 10606.

Kurzman Eisenberg Corbin , Lever & Goodman, By: Fred D. Weinstein, Esq. , Attorney for Defendant, One North Broadway. White Plains, NY 10601.


DECISION/ORDER

JOHN R. LaCAVA, Judge.

This is a contract action involving the Peconic Bay Golf LLC (the Company), the Peconic Bay Golf Course (the Course), and Gatz Properties LLC. The Company, a limited liability company organized and operated under the laws of the state of Delaware, was formed for the purpose of constructing and operating a golf course on land owned in Suffolk County, New York, by Gatz Properties. Plaintiff Auriga Capital Corporation,...

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