K2 Investment Group, LLC v American Guarantee & Liability Ins. Co.

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K2 Investment Group, LLC v American Guarantee & Liability Ins. Co. 2010 NY Slip Op 33801(U) June 23, 2010 Sup Ct, New York County Docket Number: 117902/09 Judge: Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK .------------------.---------------------.--.-----.-----------··-·----x K2 INVESTMENT GROUP, LLC and ATAS MANAGEMENT GROUP, LLC, Index No. 117902/09 E Plaintiffs, JUDGMENT -againstAMERICAN GUARANTEE AND LIABILITY INSURANCE CO., Defendant. ----.----------.-.---------------------------------------------------x The defendant, having moved for summary judgment as to all causes of action in the complaint herein by notice dated May 10,2010, upon the affirmation of Ronald W. Weiner, dated May 10,2010, the exhibits annexed thereto, the Statement of Material Facts pursuant to Commercial Division Rule 19-a dated May 10, 2010, the accompanying Memorandum of Law dated May 10,2010, and upon the pleadings and proceedings theretofore had herein; and the plaintiffs having cross-moved for summary judgment as to all causes of action by notice of crossmotion dated May 21, 2010, upon the afflrmation of Michael A. Haskel, dated May 21, 2010, the exhibits annexed thereto, the Statement of Material Facts pursuant to Commercial Division Rule 19-a dated May 21,2010, the accompanying Memorandum of Law dated May 21, 2010, and upon the pleadings and proceedings theretofore had herein, all of which were also submitted in opposition to the defendant's motion along with plaintiffs' response to defendant's Statement of Material Facts dated May 21,2010, and the defendant having submitted on June 7, 2010 a Reply Memorandum of Law, and a response to plaintiffs' Statement of Material Facts, and the motion 1 [* 2] and cross-motion having come on to be heard before this Court on June 9, 2010, and having been orally argued; and the Court having denied the defendant's motion as to the first and second causes of action and having granted the plaintiffs' cross-motion as to those claims to the extent of awarding the plaintiffs a money judgment in the sum of TWO MILLION DOLLARS ($2,000,000.00), together with appropriate interest, costs and disbursements; and the Court having granted the defendant's motion as to the third and fourth causes of action and denied the plaintiffs' cross-motion as to those claims, NOW, upon request of Law Offices of Michael A. Haskel, attorneys for plaintiffs K2 INVESTMENT GROUP, LLC and ATAS MANAGEMENT GROUP, LLC, it is 6Rt!H~Ri!f) and ADJUDGED, that the plaintiff, K2 INVESTMENT GROUP, LLC ("K2"), having a principal place of business at 60 Genessee Trail, Westfield, New Jersey, recover and have judgment against defendant, AMERICAN GUARANTEE AND LIABILITY INSURANCE CO., 1400 American Lane, Schaumburg, illinois 60196-1056, in the sum of ______________________________________________________ ,iMI~ftg a P9R;i9A 9ft.Ru a99'I'e fe.eaees m9aeyjl:uigmem iB the am9Wlt 9f$I,311,284.00, and interest from October 2,2009, the date of entry of the default judgment against the defendant's insured in K2 Investment Group, LLC et ano. v. Daniels et al., Supreme Court, County of Nassau, Index (J 1'< No. 883/2009, through June 23, 2010, in the sum of$ <S"~ 3~9~ and disbursements of $ t)AI ~ Q7!!!!- IU£- 10'1'111.,.- therefor; and it is further OF I together with costs as taxed by the Court, and that K2 have execution 3 d 7 3"2 ~ /;), I I 7 I ...... - ORDERED and ADJUDGED, that the plaintiff, ATAS MANAGEMENT GROUP, LLC IOO~ ("ATAS"), having a principal place of business at 229 West 105th Street, Suite #1, New York, New York, recover and have judgment against defendant, AMERICAN GUARANTEE AND 2 [* 3] LIABILITY INSURANCE CO., 1400 American Lane, Schawnburg, Illinois 60196-1056, in the sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-', including a portion of the above-referenced money judgment in the amount of$688,716.00, less the deductible of $5,000 in the relevant insurance policy, and interest from October 2,2009, the date of entry of the default judgment against the defendant's insured in K2 Investment Group, LLC et ano. v. Daniels et al., Supreme Court, County of Nassau, Index No. 883/2009, through June 23, "7 ~ .. ., _ 76 ~/V Ttlf!. Torlll,...(!)~ 'I / 2010, in the sum of$ Lj~ J 19 I ,and that ATAS have execution therefor!lnd it is further?~ ,I ~3 vfP"l"'O(,~!> ;OWfiItED, that the defendant's motion for summary judgment on the third and fourth causes of action is granted and said causes of action are dismissed; and it is further AI)~"v IH Eb @~SMD, that the plaintiffs' cross-motion for summary judgment on the third and fourth causes of action is denied. Judgment entered on this 023 day of_J...:::....!U~/V~E'_ _ _ _ _ _, 2010. ...... 3

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