Saleh v Hudson 418 Riv. Rd. Ltd.

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Saleh v Hudson 418 Riv. Rd. Ltd. 2020 NY Slip Op 31653(U) May 27, 2020 Supreme Court, Kings County Docket Number: 526794/2019 Judge: Leon Ruchelsman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] KINGS COUNTY CLERK 05/27/2020 03:41 PM INDEX NO. 526794/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CIVIL TERM: COMMERCIAL PART 8 ----------------------------------------------x EBRAHIM SALEH, Plaintiff, Decision and Order May 27, 2020 -against- Index #526794/2019 HUDSON 418 RIVER RD. LTD., Defendants, ----------------------------------------------x PRESENT: HON. LEON RUCHELSMAN The defendants have moved seeking to vacate a decision and order entered on February 26, 2020. Alternatively, the defendants seek to reargue the relief granted in that decision. The plaintiff opposes the motion and has cross-moved seeking a default judgement against the defendants. opposed respectively. arguments held. The motions have been Papers were submitted by the parties and After reviewing all the arguments, this court now makes the following determination. In a Consul tan ts granted a related action Inc. , et, al, preliminary Hudson 418 Index injunction River Number on Road LLC 510351/2018 behalf of the v. the Safiya court plaintiff there, 418 Hudson restraining the defendants in that action from engaging in any construction at property located at Avenue in Kings County. Further, 1 1 of 4 in that 98 6 Gates decision the court [*FILED: 2] KINGS COUNTY CLERK 05/27/2020 03:41 PM INDEX NO. 526794/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/27/2020 concluded that Hudson 418 River Road LLC was at least half owner of the property and that it was seeking a determination concerning the ownership of the remaining half of the property with an entity called Brooklyn Broadway Masjid & Islamic Center [hereinafter Masj id's 'Masjid']. There were questions whether the contract purchasing half the property from an entity called Kobas and Solih Realty LLC was fraudulently induced. In this action Ebrahim Saleh, half owner of Kobas and Solih Realty LLC has sued 418 Hudson asserting that the transfer of ownership of half the property to 418 Hudson was improper and without the consent of Saleh who was half owner of the seller of the property. Saleh then moved seeking an injunction essentially stopping 418 Hudson from engaging in any repairs of the property property. which and The likewise Masjid. from court exercising any ownership signed an order granting the vacated the earlier injunction over the injunction against the 418 Hudson has now moved seeking to vacate the order dated February 26, 2020 and to reinstate the earlier injunction. Conclusions of Law It is well settled that to succeed upon a motion to vacate a default the party must demonstrate a reasonable excuse for the default and a meritorious defense 2 2 of 4 (Golden Mountain Income v. [*FILED: 3] KINGS COUNTY CLERK 05/27/2020 03:41 PM INDEX NO. 526794/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/27/2020 Spencer Gifts, LLC, 167 AD3d 850, 88 NYS3d 889 [2d Dept., 2018]). Considering the facts of this case a reasonable excuse has been presented. Concerning a meritorious defense, in the prior decision the court concluded that an Asset Purchase and Stock Sale Agreement signed by Amin Kobas on behalf of Kobas and Solih conferred ownership of half the property upon 418 Hudson. That decision, dated May 24, 2018 foreclosed any ownership rights in that half of the property upon Kobas and Solih and the individuals of that entity. On decision December wherein the 10, 2018 court the denied court the rendered defendants another request to dismiss the action on the grounds that Saleh was half owner of Kobas and Salih and therefore plaintiff did not really purchase half the property. The court noted 418 Hudson's argument that any memorandum demonstrating property was a have to be forgery. resolved that Saleh was an owner of the The court concluded that issue would but at present the plaintiff presented viable claims and the motion to dismiss was denied. Thus, the court already decided there were questions concerning the ownership of Kobas and Salih which impacts the ownership of interests of 418 Hudson. really an opportunity to determination. That is reargue an Thus, the new lawsuit is and improper 3 3 of 4 reconsider basis the upon previous which to [*FILED: 4] KINGS COUNTY CLERK 05/27/2020 03:41 PM INDEX NO. 526794/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/27/2020 As the plaintiff argues in his cross- institute a new action. motion, it is improper to reargue issues that have already been decided by Further, the the court (::>ee, plaintiff Thus, already imposed. Notice of Cross-Motion, moved to reargue never the ':ff1f55-57). injunction the motion and subsequent order vacating that injunction and granting an injunction preventing 418 Hudson from perform~ng foregoing the February seeking 26, an any work was improper. motion 2020 is injunction seeking to is reargue Upon granted. denied Therefore, based on the and the decision reargument the previous the dated motion injunction preventing the Masj id from interfering with any work undertaken by 418 default Hudson ~s is now reinstated. hereby denied. So ordered. ENTER: Dated: May 27, 2020 Brooklyn, N.Y. 4 4 of 4 The cro::;s-motion seeking a

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