Era Management, Inc. v. Singer Weinstein

Full title: ERA MANAGEMENT, INC., et al., Appellants, v. MORRISON COHEN SINGER…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 1993

199 A.D.2d 179 (N.Y. App. Div. 1993)

605 N.Y.S.2d 91

Opinion

December 21, 1993

Appeal from the Supreme Court, New York County (Walter Schackman, J.).

Leave to amend the complaint so as to include a cause of action that defendants, while attempting to collect judgments against plaintiff Goldstone, wrongfully restrained bank accounts belonging to the corporate plaintiffs, was properly denied, defendants' evidence demonstrating that the bank accounts in question were regularly used to pay Goldstone's personal expenses, and indeed functioned, as the IAS Court found, as "recipients" of his personal assets (see, Ray v Jama Prods., 74 A.D.2d 845, lv denied 49 N.Y.2d 709; Plaza Hotel Assocs. v Wellington Assocs., 84 Misc.2d 777).

Concur — Sullivan, J.P., Asch, Rubin and Nardelli, JJ.