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SH575 HOLDINGS LLC v. RELIABLE ABSTRACT CO., L.L.C.

Index No. 651246/19. Appeal No. 13984. Case No. 2020-02366.

195 A.D.3d 429 (2021)

149 N.Y.S.3d 62

2021 NY Slip Op 03427

SH575 Holdings LLC, Appellant, v. Reliable Abstract Co., L.L.C., et al., Respondents, et al., Defendants.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Jonathan M. Proman , New York, for appellant.

Carter Ledyard & Milburn LLP, New York ( Jacob H. Nemon of counsel), for Reliable Abstract Co., L.L.C. and Yakov Deckelbaum, respondents.

Law Offices of Erin E. Wietecha, Mineola ( Erin E. Wietecha of counsel), for Jaysukhlal Domadia, respondent.

Gutman Weiss, P.C., Brooklyn ( Dov B. Medinets of counsel), for Tissa 16th Corp., Tissa Funding Corp., and Howard Hershkovich, respondents.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.

Plaintiff commenced this action to recover $1 million that it had transferred into an IOLA attorney escrow account in connection with its purchase of real property in Staten Island from nonparty Liberty Towers Realty LLC, in Liberty Tower's bankruptcy proceeding. Plaintiff later canceled the transaction and demanded return of the funds from defendant Pincus David Carlebach (Carlebach), Liberty Towers' bankruptcy lawyer. However, as part of a Ponzi scheme, Carlebach had transferred...

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