TALOS CAPITAL DESIGNATED ACTIVITY COMPANY v. 257 CHURCH HOLDINGS LLC

Index No. 651458/20, Appeal No. 1455-1456-1457-1458, Case Nos. 2023-02909, 2023-03061, 2023-03567, 2023-03859.

2024 NY Slip Op 01786

TALOS CAPITAL DESIGNATED ACTIVITY COMPANY (FORMERLY KNOWN AS TALOS CAPITAL LIMITED), ACTING BY AND THROUGH ITS SPECIAL SERVICER, GREEN LOAN SERVICES LLC, Plaintiff-Respondent, v. 257 CHURCH HOLDINGS LLC, ET AL., Defendants, BEN ASHKENAZY, Defendant-Appellant. FRIEDMAN KAPLAN SEILER ADELMAN & ROBBINS LLP, Nonparty Appellant.

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

Decided April 2, 2024.


Attorney(s) appearing for the Case

Friedman Kaplan Seiler Adelman & Robbins LLP, New York ( Robert S. Smith of counsel), for Ben Ashkenazy, appellant.

Holwell Shuster & Goldberg LLP, New York ( James M. McGuire of counsel), for Friedman Kaplan Seiler Adelman & Robbins LLP, appellant.

Meister Seelig & Fein PLLC, New York ( Stephen B. Meister of counsel), for respondent.

Before: Oing, J.P., Kennedy, Mendez, Rodriguez, Michael, JJ.


Order, Supreme Court, New York County (Andrew S. Borrok, J.), entered June 7, 2023, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for sanctions under 22 NYCRR 130-1.1 against nonparty appellant, unanimously reversed, on the law and the facts, without costs, the motion denied and the award of sanctions vacated.

In 2013, plaintiff Talos Capital Designated Activity Company, as lender, and nonparty 625 MAD Holdings, LLC, as borrower...

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