OCELOT CAPITAL MANAGEMENT, LLC v. HERSHKOVITZ

603092/09, 602838/09, 651101/10, 6269, 6266, 6267, 6268

90 A.D.3d 464 (2011)

934 N.Y.S.2d 146

2011 NY Slip Op 8830

OCELOT CAPITAL MANAGEMENT, LLC, Respondent, v. ISAAC HERSHKOVITZ, Defendant. ELDAN-TECH, LTD., et al., Appellants, v. ISAAC HERSHKOVITZ, Defendants. ELDAN-TECH, INC., in the Right and Name of OCELOT PORTFOLIO HOLDINGS, LLC Appellant, v. OCELOT CAPITAL MANAGEMENT, LLC, Respondent, et al., Defendant.

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

Decided December 8, 2011.


These actions involve a dispute between inter-related corporate entities regarding whether certain assets of one corporate entity, OPH, sold to action 1 and action 2 defendant Hershkovitz, produced more than one promissory note from Hershkovitz for $350,000. OCM and ETL each allege they possess an original promissory note from Hershkovitz, made out in the amount of $350,000. Hershkovitz averred that he made out only one note for $350,000, and he did not challenge the validity...

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