Sungchang Interfashion Co., Ltd. v. Stone Mountain Accessories, Inc. et al, No. 1:2012cv07280 - Document 51 (S.D.N.Y. 2013)

Court Description: ORDER AND OPINION: In summary, the Motions to Dismiss (Dkt. Nos. 23, 26, 31, 337) are adjudicated as follows: Orr's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; Orr's motion to dismiss the conspiracy to commit fraudulent conveyance claim (Count V)is DENIED; Orr's motion to dismiss the fraud claim (Count IX) is GRANTED; Orr's motion to dismiss the promissory estoppel claim (Count X) is GRANTED; Orr's motion to dismiss the unjust enrichment claim (Count XI) is GRANTED. Atanasio's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is GRANTED; Atanasio's motion to dismiss the conspiracy to commit fraudulent conveyance claim(Count V) is GRANTED; Atanasio's moti on to dismiss the unjust enrichment claim (Count XI) is GRANTED; and the Amended Complaint against Atanasio is dismissed in its entirety. New SMA's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; New SMA's motion to dismiss the conspiracy to commit fraudulent conveyance claim(Count V) is DENIED; New SMA's motion to dismiss the successor liability claim (Count VIII) is GRANTED in part and DENIED in part;o Sung Chang may proceed with discovery on de facto merger, mere continuation and fraud theories against SMU Corp.;o Sung Chang may proceed with discovery on the mere continuation and fraud theories against SMU LLC; New SMA's motion to dismiss the unjust enrichment claim (Count XI) is DENIED. R& R's motion to dismiss the fraudulent conveyance claims (Counts I-IV) is DENIED; R&R's motion to dismiss the conspiracy to commit fraudulent conveyance claim (Count V) is DENIED; R&R's motion to dismiss the unjust enrichment claim (Count XI) is DENIED; R&R's motion to strike the demand for punitive damages is GRANTED. (Signed by Judge Andrew L. Carter, Jr on 9/25/2013) (js) Modified on 9/25/2013 (js).