AQ ASSET MGT., LLC v. LEVINE

652367/10, 14089, 14088, 14087, 14086.

124 A.D.3d 558 (2015)

998 N.Y.S.2d 638

AQ ASSET MANAGEMENT, LLC, as Successor to ARTIST HOUSE HOLDING INC., et al., Respondents, v. MICHAEL LEVINE, Respondent, and HABSBURG HOLDINGS LTD. et al., Appellants.

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

Decided January 29, 2015.


The court properly dismissed the breach of fiduciary duty cross claim against Levine as escrow attorney to the extent it related to the authorized disbursement of $625,000 to Karastir, LLC. It also properly dismissed, in its entirety, the cross claim against Levine for breach of fiduciary duty in his individual capacity as appellants' attorney.

The court properly exercised its discretion in denying appellants' request for the entry of a default judgment on their cross...

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