• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
 
NNED
ON
711712008
Notice of Motion/ Order
to
Show
Cause
-
Affidavits
-
Exhibits
...
Answering Affidavits
-
Exhibits
Replying
Affidavits
SUPREME
COURT OF
THE
STATE
OF
E
YORK
-
NEW
YORK
COUNTY
PART
TK
r'
Justice
PRESENT:
,
PAPERS
NUMBERED
/,z
L
.
v)
z
0
.m
w
K
w
INDEX
NO.
MOTION
DATE
MOTION
SEQ.
NO.
d&$/
MOTION
CAL.
NO.
-Y-
The
following
papers,
numbered
1
to
were
read
on
this motion to/
/
-
Check
one:
I
-
FINAL
DISPOSITION
~NON-FINAL
ISPOSITION
Check
if
anDrooriate:
a
O
NOT
POST
REFERENCE
-
.
-
.
-. .
.
..
.-
. .
 
SUPREME
COURT
OF
THE
STATE
OF NEW
YORK
COUNTYOF
NEW
YORK:
IAS
PART
36
EMILIO
BARLETTA,
X
Plaintiff,-against-
453
WEST
17TH
REST. CORP.,
JOHN
YONKUS,
RICHIE AKIVA,
SCOTT
SARTIANO,
RONALDKAPLAN,EYTANSUGARMAN,
DORIS
LING-COHAN,
J.:
Motion sequence numbers
001,
002,
003,
consolidated herein
for
disposition.conjunction with a written agreement,This
Index
No.
115329/07
.:
001,
Motion
OW
005
004,
a2dve
matter arises
Q
as
of
January
25,
2007
%
Agreement),' for sale of certain assets of defendant
453
West
17th
Rest. Corp. (Seller)
to
plaintiff/buyer, Emilio Barletta. Sellerwas the owner of a
club
operated at
453
West 17th treet, New
York,
New York (the Premises). Defendant John Yonkus was theowner of one hundred percent
(100%)
of
the shares of Seller priorto the subject transactions.
The
Agreement purports to
sell
all
right, title, andinterest
of
Seller in the personal property at the Premises(items
that
were
to be
more
particularly
specified in Exhib
to
the Agreement), the lease for the Premises, and Seller's
tB
'The
Agreement
bears
the date January 25,
2006
on its face.However both
parties
agree that the actual date
of
the Agreement
is
January
25, 2007.
1
.t;
 
telephone number,
for
the
sum
of
$800,000.
Plaintiff paid
$80,000
as a down payment.2According
to
his affirmation, Yonkus sold
50%
of the capitalshares
of
Seller
tonon-party
JIJ
Consulting
and
Promotion
LLC
(JIJ)
as of
July
6,
2006.
Defendants
offer
no
documentation ofthis sale, but state that it was subject to the approvaloftheNew
York
State Liquor Authority (NYSLA) As
of
July
12,
2006,3
defendant Yonkus attempted
to
execute an irrevocable proxy(the
Proxy)
in which JIJ,
also
subject to the approval
of
the New YorkState Liquor Authority, gained
the
voting sights
for
50%
of
Seller's capital stock, and, thus, apparently became entitled tovote all
shares
of the
Seller.
As
of
January
31,
2007,
some six days after the execution
of
the Agreement, defendant John Yonkus allegedly transferred
20%
of
the
capital stock
of
Seller to defendants
Richie
Akiva, ScottSartiano, Ronald Kaplan, and Eytan Sugarman (the Group), subjectto the approval
of
the NYSLA. No evidence of this transactionhas been submitted.
In
addition, no evidence has been submittedthat the
NYSLA
ever approved of any the above-describedSuch funds remain in escrow because attorney Mr. TerrenceFlynn, Jr.,
Esq.
(Flynn) has declined a request to return thefunds being held,until
he
receives releases from
all
the
partiesinvolved in the Agreement. [Basletta Affidavit, Exhibit
J,
at
31.
3Y~nk~~'~ffidavit identifies the date of execution of theproxy
as
July
6,
2007.
However, the proxy itself bears the date
July
12,
2006.
2
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...