CAa Organizasyon Matbaacilik Turizm Reklam Gida Tic. Ltd. v JP Morgan Chase Bank, N.A.

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CAa Organizasyon Matbaacilik Turizm Reklam Gida Tic. Ltd. v JP Morgan Chase Bank, N.A. 2023 NY Slip Op 31574(U) May 10, 2023 Supreme Court, New York County Docket Number: Index No. 152874/2023 Judge: Shahabuddeen Abid Ally 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. INDEX NO. 152874/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/10/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SHAHABUDDEEN ABID ALLY 16TR PART Justice ---------------------------------------------------------------------------------X CA ORGANIZASYON MATBAACILIK TURIZM REKLAM GIDA TIC. LTD. STI., NK/A CA FOOD TRADE LIM ITED INDEX NO. 152874/2023 MOTION DATE MOTION SEQ. NO. Petitioner, 03/29/2023 001 - V - DECISION + ORDER ON MOTION JP MORGAN CHASE BANK, N.A. , Respondent. -------- -------------- - - - --- --- ------- ----- ---- - ---------------- ·---------------X The following e-filed documents, listed by NYSCEF document number (Motion 001 ) 6 were read on this motion to/for DISCOVERY - PRE-ACTION Petitioner brings this special proceeding seeking an order for pre-action disclosure pursuant to CPLR § 3 102(c ). The petition, having been served upon respondent on March 30, 2023, is unopposed. Upon the above cited papers, the petition is granted. By Verified Petition, petitioner avers that it is a food manufacturing and distribution company organized under the laws of the country of Turkey (petition at par 2). Beginning on or about June 2022, petitioner entered into an arrangement with an individual identifying himself as "Abdurrahman A ltingdag" ("AA"), who represented that he had the authority to act on behalf of Bunge Limited, a large agribusiness and food company (petition at par 4). Based on that representation, petitioner contracted to obtain large quantities of sugar from AA and funded the sum of $335,000.00 by wire to an account purportedly held by "Bunge US LTD" (petition at par 5). After petitioner fai led to receive the sugar, petitioner contacted Bunge Limited, who informed 152874/2023 CA ORGANIZASYON MATBAACILIK TURIZM REKLAM GIDA TIC. LTD. STI., A/KIA CA FOOD TRADE LIMITED vs. JP MORGAN CHASE BANK, N.A. Motion No. 001 1 of 4 Page 1 of 4 INDEX NO. 152874/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/10/2023 petitioner that AA had no affili ation with the company and that the arrangement had been a fraud (petition at par 6). Petitioner now seeks an order granting pre-action disclosure of the narne(s) and other information related to the account that it funded. Petitioner also seeks related account documents such as account formation documents, signature cards, and any proof of identity provided to respondent when the account was opened, as well as bank statements and transaction history for the period of January 2022 to present in order to confirm that the account holder received the funds. Petitioner contends that absent disclosure, petitioner is unable to commence an action to recover the monies paid because it does not have sufficient information about the persons or entities that received the funds. In further support of its application, petitioner has provided a record of sums paid to the relevant account by petitioner (ex A). CPLR § 3102( c) provides that a party may seek pre-action disclosure by court order "to aid in bringing an action, to preserve informat ion or to aid in arbitration." A party may also seek such disclosure to aid in "identifying prospective defendants" (Maller ofSims v Metropolitan Transp A uth, 123 AD3d 496, 496 [ I st Dept 20 14]); however, the device may not be used to ascertain whether a prospective plaintiff has a cause of action (Matter of Gleich v Kissinger, 111 AD2d 130, 13 1-132 [1985]). "A petition for pre-action discovery shou ld only be granted when the petitioner demonstrates that he has a meritorious cause of action and that the information sought is material and necessary to the actionable wrong" (Holzman v Manhattan & Bronx Surface Tr Operating Auth, 271 AD2d 346,347 [2000]). The Court finds that petitioner has made a sufficient showing that it has a viable cause of action for, inter alia, unjust enrichment, fraud, and conversion, and that disclosure of the 152874/2023 CA ORGANIZASYON MATBAACILIK TURIZM REKLAM GIDA TIC. LTD. STI., A/KIA CA FOOD TRADE LIMITED vs. JP MORGAN CHASE BANK, N.A. Motion No. 001 2 of 4 Page 2 of 4 INDEX NO. 152874/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/10/2023 requested materials is necessary to aid in identifying prospective defendants. As such, pre-action disclosure of the materials requested is warranted pursuant to CPLR § 3102( c). Based on the foregoing, it is hereby: ADJUDGED that the petition is granted; and it is further ORDERED that petitioner shall serve a copy of this order upon respondent with notice of entry by Federal Express overnight or similar overnight delivery service to the address denominated by respondent for that purpose and via NYSCEF within thirty days of entry; and it is further ORDERED that within thirty days of service of this order, respondent shall provide to petitioner's counsel the name(s) and address(es), including email address(es), of the account holder(s) identified on Exhibit A of the Verified Petition; and it is further ORDERED that within thirty days of service of this order, respondent shall provide to petitioner's counsel copies of the relevant bank account formation documents, signature cards, and any proof of identity provided to respondent when the account was opened, as identified in Exhibit A of the Verified Petition; and it is further ORDERED that within thirty days of service of this order, respondent shall provide to petitioner's counsel copies of all relevant bank account statements for the period of January 2022 to the date of thi s order, including all Wire, ACH debit or credit transactions posted or attempted to be posted to the relevant customer accounts and to identify each individual and/ or entity that may have received and/or sent any money from the relevant customer account, as identified in Exhibit A of the Verified Petition. This constitutes the decision and order of the Court. 152874/2023 CA ORGANIZASYON MATBAACILIK TURIZM REKLAM GIDA TIC. LTD. STI., A/ KIA CA FOOD TRADE LIMITED vs. JP MORGAN CHASE BANK, N.A. Motion No. 001 3 of 4 Page 3 of 4 INDEX NO. 152874/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/10/2023 5/10/2023 DATE CHECK ONE: APPLICATION: CHECK IF APPROPRIATE: ~ CASE OISPOSED GRANTED DENIED SETTLE ORDER INCLUDES TRANSFER/REASSIGN ~ NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT 152874/2023 CA ORGANIZASYON MATBAACILIK TURIZM REKLAM GIDA TIC. LTD. STI., A/ KIA CA FOOD TRADE LIMITED vs. JP MORGAN CHASE BANK, N.A. Motion No. 001 4 of 4 OTHER REFERENCE Page 4 of 4

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