Ollier v Barclay Pharmaceuticals ltd.

Annotate this Case

Download PDF

Ollier v Barclay Pharmaceuticals ltd. 2020 NY Slip Op 31850(U) June 10, 2020 Supreme Court, New York County Docket Number: 150300/2019 Judge: Debra A. James 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] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM INDEX NO. 150300/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/15/2020 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HaN. DEBRA A. JAMES PART lAS MOTION 59EFM Justice -------------------------------------------------------------------------X INDEX NO. 150300/2019 MARTINE OLLlER, MOTION DATE 04/05/2019 Plai~tiff, 001 002 MOTION SEQ. NO. -vBARCLAY PHARMACEUTICALS LIMITED, BURFORD CAPITAL, LLC,KELLNER HERLIHY GETTY & FRIEDMAN, LLP, SEQUOR LAW, EVERSHEDS SUTHERLAND (INTERNATIONAL) LLP, NEVILLE BYFORD, and GRANT THORNTON, DECISION + ORDER ON MOTION Defendants. --------------------------------------------------------------------------- X The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13,14,15,16,17,18,19,20,21,22,23, 24,25,26,27,28,29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,40, 56,58,60,61,62 were read on this motion to/for DISMISS The following e-filed documents, listed by NYSCEF document number (Motion 002) 43, 44, 45, 46, 47, .48,49,50,51,52,53,54,55,57,59,63,64,65 were read on this motion to/for DISMISS ORDER Upon the foregoing ORDERED Kellner, that the motions Herlihy, Sequor Law, P.A. are GRANTED; ORDERED against Friedman each documents, Getty it is of defendants & Friedman LLP (Motion Seq. No.2) Burford Capital (Motion Seq No.1) to dismiss LLC, and the complaint and it is further that defendants the complaint Burford Capital is DISMISSED LLC, Kellner, in its entirety Herlihy, Getty LLP and Sequor Law, P.A., with costs and disbursements such defendant as taxed by the Clerk 150300/2019 OLLlER, MARTINE LEONE VS. BARCLAY PHARMACEUTICALS Motion No. 001 002 1 of 6 of the Court, & to and the Page 1 of 6 [*FILED: 2] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM INDEX NO. 150300/2019 NYSCEF DOC. NO. 69 Clerk RECEIVED NYSCEF: 06/15/2020 is directed defendants; that the action defendants; ORDERED accordingly in favor is severed and continued of such against the and it is further that the caption be amended and that all future caption; judgment and it is further; ORDERED remaining to enter papers to reflect filed with the court the dismissal bear the amended and it is further ORDERED that counsel for either of the moving partie~ shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, General Clerk's directed to mark the court's caption herein; ORDERED Clerk with Office records the procedures "E-Filing" Clerk's Office set forth Street, the Room to reflect page that, shall Clerk 119), the change on the pursuant be made in the Protocol for Electronically www.nycourt~gov/supctmanh)]; ORDERED and of the who are in the that such service upon the Clerk of the Court and the of the General the (60 Centre 141B) and it is further County Clerk Procedures at Room court's in accordance on Courthouse Filed Cases website at and (accessible the address and it is further to CPLR 3211(f), the twenty remaining defendants shall serve and file an answer within (20) days of service of a copy of this order with notice of entry; and it is further 150300/2019 OLLlER, MARTINE Motion No. 001 002 LEONE vs. BARCLAY PHARMACEUTICALS 2 of 6 Page 2 of 6 [*FILED: 3] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM INDEX NO. 150300/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/15/2020 ORDERED that counsel 60 Centre Street, platform, or, preliminary shall appear New York, if court conference in lAS Part 59, Room New York, operations on August on a court permit, in approved person, 331, video for 11, 2020, 11:00 A.M. DECISION Defendants & Friedman LLP Seq. No.2) Burford Capital (Motion Seq No.1) (collectively complaint LLC and Kellner, against and Sequor Law, P.A. the "movantsU) them pursuant Herlihy, Getty (Motion move to dismiss the The court shall to CPLR 3211. grant the motion. In her complaint, defendants' attempts to collect Plaintiff's spouse. plaintiff complaint defendants' use of numerous enforcement mechanisms plaintiff causes for infliction plaintiff infliction takes particular information of emotional tribunals 150300/2019 OLLlER, MARTINE Motion No. 001 002 of defendants and and in the compla~nt on (2) tortious (4) intentional distress. must demonstrate or justification. and judgment in this country (3) trade libel and a cause of action of economic from issue with subpoenas seeks redress injury from her estranged (1) abuse of process, with contract, "To sustain judgments in various their attorneys, interference suffering Based upon the actions state and abroad. of action alleges for abuse of process, the deliberate injury without Commencement LEONE vs. BARCLAY premeditated economic of an action, PHARMACEUTICALS 3 of 6 the or social excuse even with Page 3 of 6 a [*FILED: 4] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM INDEX NO. 150300/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/15/2020 malicious employed person intent, is insufficient. must entail some unlawful or property." Walentas In addition, the process interference with one's v Johnes, 257 AD2d Dept 1999); Ed. of Ed. of Farmingdale Union Farmingdale Inc., Local Classroom Teachers CIO, 38 NY2d 397, 403 estranged issuance to that asserted of information spouse of a judgment a cause of action Free School (1st Dist. v 1889 AFT AFL- (1975). In a case similar that the mere Ass'n, 352, 354 here, the Court subpoena's debtor to the is insufficient for abuse of process found to support stating: "[nJo citation is required for the proposition that an attempt to collect a money judgment is a traditionally accepted economic justification for the use of a third-party subpoena in supplementary proceedings. Were it otherwise ~he provisions of CPLR article 52 relating to the enforcement of judgments would be totally emasculated. Moreover, the third element of the tort of abuse of process -- that a party must be seeking some collateral advantage or corresponding detriment to the plaintiff which is outside the legitimate ends of the process -- is similarly lacking." Roberts v Pollack, 92 AD2d 440, 445 (1st Dept 1983) (internal citations and quotations omitted) . The allegations set forth in the instant abuse of process in this action complaint sets forth that the process itself in the service plaintiff's of collecting estranged 150300/2019 OLLlER, MARTINE Motion No. 001 002 unchallenged spouse. found that "[p]laintiff's are similarly complained judgement 4 of 6 as the of was debts of further that the subpoena PHARMACEUTICALS as to unavailing The Court in Roberts allegation LEONE vs. BARCLAY complaint was Page 4 of 6 [*FILED: 5] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM INDEX NO. 150300/2019 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/15/2020 intended to inflict defendant parties had reason, harm does not suffice legitimate and indisputable, that may have had assets of the judgment Furthermore, corrupt, collect emotional "defendant's fourth causes sufficient debtor. . [was] not a legitimate Therefore, in the complaint attempt to the first and fail to plead facts to survive dismissal. Plaintiff's interference second cause of action with contract since tortious interference first cautious appearance Court has repeatedly breach of contract." ~roup, Inc., 87 NY2d plaintiff's thus the second Plaintiff to maintain for tortious is also inadequately with contractual NET Eancorp "Ever plead. relations in the New York Reports linked availability . made of the remedy with a Inc. v Fleet/Norstar of generalized pleading standard cause of action its . our Fin. 614, 620 (1996) (citation omitted) . allegations to meet the breach therefore constituted Id. at 447. of action to subpoena" service of a subpoena. but instead merely a judgment." since Here, injury are insufficient required of this claim and shall also be dismissed. also fails to plead the special .damages required the third cause of action also subject for trade libel, which is to dismissal. "The tort of trade libel or injurious falsehood consists of the knowing publication of false matter derogatory to the plaintiff's business of a kind calculated to prevent others from dealing with the business or otherwise interfering with its. relations 150300/2019 Mntinn Nn OLLlER, MARTINE nn1 nn2 LEONE vs. BARCLAY 5PHARMACEUTICALS of 6 Page 5 of 6 [*FILED: 6] NEW YORK COUNTY CLERK 06/15/2020 02:53 PM NYSCEF DOC. NO. 69 INDEX NO. 150300/2019 RECEIVED NYSCEF: 06/15/2020 with others, to its detriment. The communication must play a material and substantial part in inducing others not to deal with the plaintiff, with the result that special damages, in the form of lost dealings, are incurred. In pleading special damages, actual losses must be identified and causally related to the alleged tortious act." Waste Distillation Tech., Inc. v Blasland & Bouck Engineers, P.C., 136 AD2d 633, 633 (2d Dept 1988) (citations omitted) b b~J. 6/10/2020 " DEBRA DATE CHECK ONE: CASE DISPOSED X APPLICATION: CHECK IF APPROPRIATE: GRANTED SETTLE ~ D NON.FINAL DENIED GRANTED ORDER INCLUDES ~ JAru,~r.S.~. d DISPOSITION IN PART SUBMIT ORDER TRANSFER/REASSIGN 150300/2019 OLLIER. MARTINE LEONE vs. BARCLAY Motion No. 001 002 A. ~ FIDUCIARY PHARMACEUTICALS 6 of 6 APPOINTMENT " 0 ,.0 OTHER REFERENCE Page 6 of 6

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.