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Mahon, Mahon, Kerins & O'Brien, LLC v. Moskoff
Citations: 85 A.D.3d 740; 924 N.Y.S.2d 815
Court: Appellate Division of the Supreme Court of the State of New York; June 7, 2011; New York; State Appellate Court
In the interpleader action under CPLR 1006, defendant David Moskoff appeals an order from the Supreme Court, Nassau County, which granted summary judgment to defendants Richard A. Klass (representing American Express Travel Related Services Company, Inc.) and Malen Associates, EC (representing Helen Gurman and the Helen Gurman Trust). The court directed the Nassau County Treasurer to release a portion of escrowed funds to Klass and Malen prior to disbursement to Moskoff. Klass and Malen established a prima facie case demonstrating that Moskoff owed money to their clients. Moskoff failed to present a triable issue of fact in opposition to their motions. The Supreme Court's decision to grant summary judgment was deemed appropriate, and any errors in Klass's and Malen's references to nonparties were found not to have prejudiced Moskoff, allowing them to be disregarded. Moskoff's argument that the expiration of certain restraining notices rendered the interpleader complaint academic was rejected. Other issues raised by Moskoff were either waived or not preserved for appeal. The order was affirmed with costs, and the concurring justices included Mastro, J.P., Dickerson, Chambers, and Roman, JJ.