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AQ ASSET MGT. LLC v. LEVINE

10209N, 10210N, 10211N, 10212N, Index No. 652367/10.

111 A.D.3d 245 (2013)

974 N.Y.S.2d 332

2013 NY Slip Op 6443

AQ ASSET MANAGEMENT LLC, as Assignee of Artist House Holdings, Inc., et al., Respondents, v. MICHAEL LEVINE, as Escrow Agent, Respondent, and HABSBURG HOLDINGS LTD. et al., Appellants. MICHAEL LEVINE, as Escrow Agent, Interpleader Counterclaimant-Respondent, v. AQ ASSET MANAGEMENT LLC, as Assignee of Artist House Holdings, Inc., et al., Interpleader Defendants, and HABSBURG HOLDINGS LTD., et al., Interpleader Defendants-Appellants. HABSBURG HOLDINGS LTD. et al., Fourth-Party Plaintiffs-Appellants, v. MICHAEL LEVINE, as Escrow Agent, Fourth-Party Defendant-Respondent. (And a Fifth-Party Action.)

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

Decided October 3, 2013.

Attorney(s) appearing for the Case

Law Offices of Michael A. Haskel, Mineola ( Michael A. Haskel , Brandon M. Zlotnick and Leonard Gekhman of counsel), and Kerry Gotlib, New York City, for appellants.

Reitler, Kailas & Rosenblatt LLC, New York City ( Leo G. Kailas and David Cole of counsel), for AQ Asset Management LLC, and others, respondents.

Levine & Associates, P.C., Scarsdale ( Michael Levine of counsel), for Michael Levine, respondent.

ANDRIAS, DEGRASSE, FREEDMAN and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

Fifth-party defendant Simon Leo Verhoeven and defendant Osvaldo Patrizzi were principals in a group of entities (the Antiquorum entities) that primarily engaged in the business of selling and trading antique time pieces. The Antiquorum entities were plaintiff Antiquorum, S.A., a Swiss corporation (ASA), plaintiff Antiquorum USA, Inc., a Delaware corporation (AUSA), nonparty C2C Time, Inc. and nonparty Antiquorum Auctioneers...

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