Weitz v Weitz 2012 NY Slip Op 30767(U) March 19, 2012 Sup Ct, Nassau County Docket Number: Judge: Timothy S. Driscoll Republished from New

Similar documents
Plaintiff, Defendants.

SUPREME COURT-STATE OF NEW YORK SHORT FORM ORDER Present: HON. TIMOTHY S. DRISCOLL Justice Supreme Court

ARSR Solutions, LLC v 304 E. 52nd St. Hous. Corp NY Slip Op 30315(U) January 23, 2012 Supreme Court, Nassau County Docket Number:

RBS Citizens, N.A. v Barnett 2010 NY Slip Op 31971(U) July 16, 2010 Sup Ct, Nassau County Docket Number: Judge: Timothy S.

Fran") and Camilo John Pesa ("Camilo ) (collectively "Plaintiffs ) oppose the motion. SUPREME COURT-STATE OF NEW YORK SHORT FORM ORDER Present:

Plaintiff, Defendants.

THOMAS CATANESE Defendants x

Wood v Long Is. Pipe Supply, Inc NY Slip Op 30384(U) February 5, 2010 Supreme Court, Nassau County Docket Number: Judge: Timothy S.

Fulton Commons Care Ctr. v Belth 2010 NY Slip Op 32533(U) September 9, 2010 Supreme Court, Nassau County Docket Number: Judge: Timothy S.

Matter of Gohil v Gohil 2012 NY Slip Op 30320(U) January 23, 2012 Supreme Court, Nassau County Docket Number: Judge: Timothy S.

Herczi v Katan 2010 NY Slip Op 33052(U) October 25, 2010 Sup Ct, Nassau County Docket Number: Sup Ct, Nassau County Judge: Timothy S.

Daniel Perla Assoc., L.P. v Cathedral Church of St. Lucy's 2011 NY Slip Op 30761(U) March 17, 2011 Supreme Court, Nassau County Docket Number:

TRI/IAS PART: 22 NASSAU COUNTY

attchment, fied on February and submitted May 8, For the reasons set forth HON. TIMOTHY S. DRISCOLL Justice Supreme Court

Matter of Bethpage Fed. Credit Union v John 2011 NY Slip Op 31652(U) April 19, 2011 Supreme Court, Nassau County Docket Number: 20089/10 Judge:

Plaintiff, Defendants.

Order to Show Cause, Affirmation in Support and Emibits... Respondents' Memorandum of Law in Support... Affirmation in Opposition and E)(hibits...

HON. TIMOTHY S. DRISCOLL Justice Supreme Court. Papers Read on these Motions: SUPREME COURT-STATE OF NEW YORK SHORT FORM ORDER Present:

Studebaker-Worthington Leasing v Authentic Mexican, Inc NY Slip Op 33339(U) November 23, 2010 Supreme Court, Nassau County Docket Number:

Cohan v Movtady 2012 NY Slip Op 33256(U) January 24, 2012 Sup Ct, New York County Docket Number: 2845/11 Judge: Denise L. Sher Cases posted with a

Plaintiff NIM, LLC, SUPREME COURT-STATE OF NEW YORK SHORT FORM ORDER Present: 5c- HON. TIMOTHY S. DRISCOLL Justice Supreme Court

Desai v Azran 2010 NY Slip Op 31421(U) June 2, 2010 Supreme Court, Nassau County Docket Number: 12629/09 Judge: Randy Sue Marber Republished from New

Simpson v Alter 2011 NY Slip Op 31765(U) June 21, 2011 Supreme Court, Nassau County Docket Number: 11095/09 Judge: Thomas P. Phelan Republished from

Nucci v Nucci 2012 NY Slip Op 31931(U) July 11, 2012 Supreme Court, Suffolk County Docket Number: 44836/2010 Judge: Joseph Farneti Republished from

Gliklad v Kessler 2016 NY Slip Op 31301(U) July 7, 2016 Supreme Court, New York County Docket Number: /2014 Judge: Anil C. Singh Cases posted

Reid v Incorporated Vil. of Floral Park 2011 NY Slip Op 31762(U) June 21, 2011 Supreme Court, Nassau County Docket Number: 1981/11 Judge: Denise L.

Baron v Mason 2010 NY Slip Op 31695(U) June 30, 2010 Supreme Court, Nassau Court Docket Number: 02869/08 Judge: Randy Sue Marber Republished from New

Deerin v Ocean Rich Foods, LLC 2015 NY Slip Op 32747(U) August 6, 2015 Supreme Court, Nassau County Docket Number: Judge: Timothy S.

Matter of Temple Emanuel of New Hyde Park, Inc. v HMJ Food Corp NY Slip Op 31777(U) July 7, 2010 Supreme Court, Nassau County Docket Number:

Malekan v Tehrani 2011 NY Slip Op 30444(U) February 8, 2011 Sup Ct, Nassau County Docket Number: Judge: Timothy S. Driscoll Republished

Indo-Med Commodities, Inc. v Wisell 2014 NY Slip Op 33918(U) September 29, 2014 Supreme Court, Nassau County Docket Number: /14 Judge: F.

Park Natl. Bank v Lops 2011 NY Slip Op 32505(U) September 16, 2011 Sup Ct, Nassau County Docket Number: Judge: Steven M. Jaeger Republished

Jin Hai Liu v Forever Beauty Day Spa Inc NY Slip Op 32701(U) October 11, 2018 Supreme Court, New York County Docket Number: /2017 Judge:

Sethi v Singh 2011 NY Slip Op 33814(U) July 18, 2011 Sup Ct, Queens County Docket Number: 4958/11 Judge: Howard G. Lane Cases posted with a "30000"

QK Healthcare, Inc. v Insource, Inc NY Slip Op 31092(U) April 12, 2011 Sup Ct, Nassau County Docket Number: Judge: Timothy S.

Sklar v New York Hosp. Queens 2010 NY Slip Op 32312(U) August 16, 2010 Supreme Court, Nassau County Docket Number: 4146/10 Judge: Denise L.

PRELIMINARY STATEMENT

Kyung Rim Choi v Han Ik Cho 2014 NY Slip Op 33920(U) July 21, 2014 Supreme Court, Nassau County Docket Number: Judge: Timothy S.

Matter of Gold 2016 NY Slip Op 32037(U) July 1, 2016 Surrogate's Court, Nassau County Docket Number: C Judge: Margaret C.

Gabriella Enters., Inc. v Incorporated Vil. of Manorhaven 2011 NY Slip Op 31162(U) April 20, 2011 Supreme Court, Nassau County Docket Number:

Order to Show Cause, Attorney s Affirmation, Affirmation, Affidavit in Support, Complaint and Exhibits... Affidavit in Opposition apd Exhibits...

Complex Strategies, Inc. v AA Ultrasound, Inc NY Slip Op 32723(U) October 11, 2016 Supreme Court, Nassau County Docket Number: Judge:

Urquhart v Town of Oyster Bay 2010 NY Slip Op 33531(U) December 10, 2010 Supreme Court, Nassau County Docket Number: /05 Judge: Michele M.

Caso v Delrosario 2016 NY Slip Op 32958(U) June 20, 2016 Supreme Court, Westchester County Docket Number: 60219/2014 Judge: Lawrence H.

Federal Hous. Fin. Agency v UBS Real Estate Sec., Inc NY Slip Op 31458(U) July 27, 2016 Supreme Court, New York County Docket Number: /12

Deutsche Bank AG v Vik 2017 NY Slip Op 31233(U) June 9, 2017 Supreme Court, New York County Docket Number: /2013 Judge: Anil C.

Costello v Costello, Shea & Gaffney, LLP 2010 NY Slip Op 33058(U) October 22, 2010 Sup Ct, Nassau County Docket Number: /2009 Judge: Ira B.

Outdoor Media Corp. v Del Mastro 2011 NY Slip Op 33922(U) November 16, 2011 Sup Ct, NY County Docket Number: /11 Judge: Eileen Bransten Cases

Zoller v Nagy 2010 NY Slip Op 33296(U) November 8, 2010 Sup Ct, Nassau County Docket Number: 8138/09 Judge: Karen V. Murphy Republished from New York

Personal-Touch Home Care, Inc. v Program Risk Mgt., Inc NY Slip Op 30611(U) March 1, 2011 Supreme Court, Nassau County Docket Number:

Blatt v Ashkenazi 2010 NY Slip Op 33432(U) December 2, 2010 Supreme Court, New York County Docket Number: 9556/07 Judge: Stephen A.

Tulino v Tulino 2010 NY Slip Op 33431(U) December 2, 2010 Supreme Court, New York County Docket Number: /09 Judge: Stephen A.

SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU. Justice. Defendants.

Allaire v Mover 2014 NY Slip Op 32507(U) September 29, 2014 Sup Ct, New York County Docket Number: /09 Judge: Marcy S. Friedman Cases posted

Devlin v Mendes & Mount, LLP 2011 NY Slip Op 33823(U) July 1, 2011 Sup Ct, Queens County Docket Number: 31433/10 Judge: Denis J. Butler Cases posted

Plaintiff, Index No: Motion Seq. No: 1 Submission Date: 10/25/10

Knox v Aronson, Mayefsky & Sloan, LLP 2018 NY Slip Op 32695(U) October 19, 2018 Supreme Court, New York County Docket Number: /2016 Judge:

Lighthouse 925 Hempstead, LLC v Sprint Spectrum L.P NY Slip Op 31095(U) April 12, 2012 Sup Ct, Nassau County Docket Number: /11 Judge:

Tribeca Space Mgrs., Inc. v Tribeca Mews Ltd NY Slip Op 32433(U) December 23, 2015 Supreme Court, New York County Docket Number: /13

Spallone v Spallone 2014 NY Slip Op 32412(U) September 11, 2014 Sup Ct, NY County Docket Number: /2013 Judge: Eileen A. Rakower Cases posted

Matter of Concrete Structures, Inc. v Men of Steel Rebar Fabricators, LLC 2012 NY Slip Op 33903(U) November 29, 2012 Supreme Court, Nassau County

Jobar Holding Corp. v Halio 2018 NY Slip Op 31982(U) August 14, 2018 Supreme Court, New York County Docket Number: /2017 Judge: Saliann

Matter of Ferencik v Board of Educ. of the Amityville Union Free School Dist NY Slip Op 33486(U) December 8, 2010 Sup Ct, Nassau County Docket

Principis Capital LLC v B2 Hospitality Servs. LLC 2016 NY Slip Op 31132(U) June 15, 2016 Supreme Court, New York County Docket Number: /2012

Sina Drug Corp. v Mohyuddin 2010 NY Slip Op 30383(U) February 11, 2010 Supreme Court, Nassau County Docket Number: /2006 Judge: Ira B.

Episcopal Health Servs. Inc. v Avery 2012 NY Slip Op 33880(U) November 30, 2012 Supreme Court, Nassau County Docket Number: /2012 Judge: Thomas

Shi v Shaolin Temple 2011 NY Slip Op 33821(U) July 1, 2011 Sup Ct, Queens County Docket Number: 20167/09 Judge: Denis J. Butler Cases posted with a

Cribbin v New York State Unified Court Sys NY Slip Op 32237(U) August 12, 2010 Supreme Court, Nassau County Docket Number: 21757/09 Judge:

Maxwell Intl. Trading Group Ltd. v Cargo Alliance Logistics, Inc NY Slip Op 33810(U) June 15, 2011 Sup Ct, New York County Docket Number:

Carlyle, LLC v Quik Park 1633 Garage LLC 2016 NY Slip Op 32476(U) December 15, 2016 Supreme Court, New York County Docket Number: /15 Judge:

Patapova v Duncan Interiors, Inc NY Slip Op 33013(U) November 27, 2013 Sup Ct, New York County Docket Number: /2010 Judge: Joan A.

Atria Retirement Props., L.P. v Bradford 2012 NY Slip Op 33460(U) August 22, 2012 Supreme Court, New York County Docket Number: /11 Judge:

Amsterdam Assoc. LLC v Alianza LLC 2014 NY Slip Op 30156(U) January 15, 2014 Supreme Court, New York County Docket Number: /2013 Judge:

Excel Assoc. v Debi Perfect Spa, Inc NY Slip Op 30890(U) May 26, 2015 Supreme Court, New York County Docket Number: /2014 Judge: Eileen

SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU. PRESENT: HON. IRA B. WARSHAWSKY, Justice. TRIALIIAS PART 8. Plaintiffs INDEX NO.

Matter of Roehrig v Baranello 2010 NY Slip Op 31783(U) July 8, 2010 Supreme Court, Nassau County Docket Number: 20868/09 Judge: Denise L.

Dis v Bellport Area Community Action Comm NY Slip Op 31817(U) July 15, 2010 Sup Ct, Suffolk County Docket Number: Judge: Emily Pines

Ariale v City of New York 2019 NY Slip Op 30629(U) March 8, 2019 Supreme Court, New York County Docket Number: /2014 Judge: Lyle E.

McCormick v City of New York 2014 NY Slip Op 30255(U) January 28, 2014 Supreme Court, New York County Docket Number: /2005 Judge: Kathryn E.

Creative Trucking, Inc. v BQE Ind., Inc NY Slip Op 32798(U) October 29, 2013 Sup Ct, New York County Docket Number: /2012 Judge: Anil C.

Real Estate Strategies, Ltd v Arington Realty Group, LLC 2010 NY Slip Op 32296(U) August 16, 2010 Supreme Court, Nassau County Docket Number:

Spector v Wender 2011 NY Slip Op 31089(U) March 30, 2011 Sup Ct, Nassau County Docket Number: 3615/10 Judge: F. Dana Winslow Republished from New

Deutsche Bank Natl. Trust Co. v McLean-Chance 2013 NY Slip Op 32606(U) October 17, 2013 Supreme Court, Queens County Docket Number: 11828/2012 Judge:

Lugo v City of New York 2013 NY Slip Op 30267(U) January 29, 2013 Supreme Court, New York County Docket Number: /2010 Judge: Kathryn E.

Matter of Agnes Vaccaro Trust 2018 NY Slip Op 32625(U) September 24, 2018 Surrogate's Court, Nassau County Docket Number: /A Judge: Margaret

Ehrlich v Department of Educ. of the City of N.Y NY Slip Op 32875(U) November 7, 2013 Sup Ct, New York County Docket Number: /2012 Judge:

Krobath v Tractor Barn 2010 NY Slip Op 33578(U) December 16, 2010 Sup Ct, Nassau County Docket Number: /09 Judge: Randy Sue Marber Republished

Curran v Brookstone Co., Inc NY Slip Op 32656(U) September 29, 2011 Sup Ct, Nassau County Docket Number: 13594/10 Judge: F.

Doral Fabrics, Inc. v Gold 2016 NY Slip Op 31772(U) September 27, 2016 Supreme Court, New York County Docket Number: /2015 Judge: Marcy

Professional Offshore Opportunity Fund, Ltd. v Braider 2015 NY Slip Op 31657(U) August 20, 2015 Supreme Court, Suffolk County Docket Number:

Bloostein v Morrison Cohen LLP 2017 NY Slip Op 31238(U) June 7, 2017 Supreme Court, New York County Docket Number: /2012 Judge: Anil C.

Gonzalez v Schlau 2011 NY Slip Op 31048(U) April 12, 2011 Supreme Court, Queens County Docket Number: 8960/2009 Judge: Robert J. McDonald Republished

Scaglione v Castle Restoration & Constr., Inc NY Slip Op 33727(U) April 27, 2010 Sup Ct, Queens County Docket Number: /09 Judge: Orin R.

GBL 78th St. LLC v Keita 2015 NY Slip Op 31367(U) July 23, 2015 Supreme Court, New York County Docket Number: /2013 Judge: Eileen A.

Daniels v Rite Aid Corp NY Slip Op 31314(U) May 6, 2010 Supreme Court, Nassau County Docket Number: 8169/08 Judge: F. Dana Winslow Republished

Bank of Smithtown v Lightening Realty Corp NY Slip Op 31302(U) May 6, 2011 Supreme Court, Nassau County Docket Number: /09 Judge: Thomas

Platinum Rapid Funding Group Ltd. v VIP Limousine Servs., Inc NY Slip Op 31591(U) June 8, 2016 Supreme Court, Nassau County Docket Number:

Merchant Cash & Capital, LLC v M.B. Auto Body, Inc NY Slip Op 31685(U) August 31, 2016 Supreme Court, Nassau County Docket Number: /2015

Foscarini, Inc. v Greenestreet Leasehold Partnership 2017 NY Slip Op 31493(U) July 13, 2017 Supreme Court, New York County Docket Number: /2015

Concepcion v JetBlue Airways Corp NY Slip Op 30474(U) March 30, 2015 Sup Ct, Queens County Docket Number: /2014 Judge: Robert J.

Transcription:

Weitz v Weitz 2012 NY Slip Op 30767(U) March 19, 2012 Sup Ct, Nassau County Docket Number: 016811-08 Judge: Timothy S. Driscoll Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

[* 1].................... SUPREME COURT -STATE OF NEW YORK SHORT FORM ORDER Present: HON. TIMOTHY S. DRISCOLL Justice Supreme Court ------------------------------------------------------------------- x SYLVIA WEITZ TRIALIIAS PART: 16 NASSAU COUNTY Plaintiff, -against- MEL VIN WEITZ, ELLEN WEITZ, THE MELEN TRUST, MEL VIN WEITZ, as Grantor and Trustee of the Melen Trust, THE LASALLE TRUST, ELLEN WEITZ as Grantor and Trustee of The LaSalle Trust, LANNIE LIPSON individually and as Trustee of the LaSalle Trust, SAGE AUGELLO, individually and as Trustee of The LaSalle Trust, THE AMENDED AND RESTATED LASALLE TRUST, SOUTHPAC TRUST INTERNATIONAL, INC., a/ka Southpac Trust Limited as trustee of The Amended and Restated LaSalle Trust and John Does 1-10, Index No: 016811- Motion Seq. No. Submission Date: 2/1/12 Defendants. -------------------------------------------------------------------- x The following papers having been read on this motion: Notice of Motion, Certification, Affrmation in Support and Exhibits... Memorandum of Law in Support.... Affirmation in Opposition and Exhibits A -K... Exhih its L - R,I,... I"""" ""1"""'"... I..................... Memorandum of Law in Opposition... Rep Iy Mem 0 rand urn of Law... I"""""'"... I"""""'"...... II" I'...

[* 2] This matter is before the Court for decision on the motion fied by Defendant Southpac Trust International, Inc. a/kja Southpac Trust Limited as trustee of the Amended and Restated LaSalle Trust ("Southpac ) on May 31, 2011, which was submitted on Februar 1, 2012 following oral argument before the Court. For the reasons set forth below, the Cour denies the motion. BACKGROUND A. Relief Sought Southpac moves for an Order, pursuant to CPLR 3211 (a)(8), dismissing this action against Southpac for lack of personal jurisdiction. Plaintiff opposes the motion. B. The Parties ' History This is an action to set aside certain allegedly fraudulent conveyances pursuant to Article 10 ofthe Debtor and Creditor Law. The paries' history is outlined in detail in prior decisions of the Court, and the Cour incorporates those decisions herein by re!erence as if set forth in full herein. As noted in the Court' s prior decisions, this action centers on the allegations of Sylvia Weitz ("Sylvia ) that, with the intent to circumvent his obligations to her following their divorce, Melvin Weitz ("Melvin ) improperly transferred funds to other paries, including his new wife Ellen with whom he now resides in Florida. By decision dated March 15, 2011 ("2011 Decision ), the Court addressed inter alia Southpac s motion for an Order vacating the Cour' s Order dated Februar 1 2010 to the extent that it held that Southpac is subject to personal jurisdiction in New York in this action. In the 2011 Decision, the Cour granted Southpac s motion to vacate based on the Cour' s conclusion that Southpac had established that it neither expressly nor implicitly conferred authorization on certain attorneys to act on its behalf. In support of its instant motion to dismiss, Tine Faasili Ponia ("Ponia ), General Counsel for Southpac, provides a certification based on his/her personal knowledge, and review of the books and records of Southpac. Ponia affrms that Southpac is trustee of the Amended and 1 Plaintiff Sylvia Weitz recently passed away. Pursuant to a stipulation of counsel, the Court signed an Order Substituting Representative of Deceased Plaintiff Sylvia Weitz dated December 19, 201 1 which directed that Steven Weitz, as Executor of the Estate of Sylvia Weitz, was substituted as Plaintiff in this action.

[* 3] Restated LaSalle Trust ("Cook Islands Trust") which was registered under the International Trusts Act 1984 as an international trust on November 9, 2005, which is also the date that Southpac accepted trusteeship. Ponia affirms that Southpac s principal place of business is in the Cook Islands, and submits that Southpac has not purposefu!ly availed itself of the privilege of doing business in the State of New York ("New York"). In support of that assertion, Ponia affirms that Southpac 1) does not own, lease or have any other interest in any real propert located in New York; 2) does not have an office in New York; 3) does not have a ban account in New York; 4) does not have any offcers or employees in New York; 5) does not have a telephone number in New York; 6) has never filed a lawsuit in New York; 7) has no investments in any business located in New York; 8) is not licensed to do business in New York; 9) has never warehoused or stored inventory or supplies in New York; and 10) does not advertise in New York. Ponia affrms, fuher, that Southpac' s only contact with New York in relation to the allegations in the Complaint is that it is the trustee of the Cook Islands Trust, whose assets were allegedly once located in New York. The assets in the Cook Islands Trust are not, and have not been since Southpac has been trustee, located in New York. Ponia affrms that his/her understanding of the assets is that 1) the assets in the Cook Islands Trust were transferred from the LaSalle Trust, a Florida trust, which was restated and amended on December 6, 2004 and September 21, 2005; and 2) the assets in the LaSalle Trust had been transferred to it from the Melen Trust, another Florida trust that was established on March 29, 2000. Ponia avers that based on its lack of contacts with New York, Southpac does not anticipate, or consent to, being brought before the cours of New York. In opposition, Plaintiff s counsel affirms that the Appellate Division, Second Deparment affirmed the Court' s Februar 1 2010 Order ("Appellate Decision ) (Ex. D to Willams Aff. in Opp. ). In the Appellate Decision Weitz v. Weitz 85 AD.3d 1153 (2d Dept. 2011), the Second Department affirmed the Cour' s denial of Ellen s motion to dismiss the Complaint on the grounds of lack of personal jurisdiction, holding that Plaintiff "made a prima facie showing that Ellen committed a tortious act within the state and is therefore subject to the personal jurisdiction of the court pursuant to CPLR (~) 302(a)(2). In paricular the plaintiff alleges a fraudulent transfer of assets originally located in New York, which places the tortious conduct in

[* 4] New York and warants jurisdiction over Ellen as an alleged paricipant in that conduct (citations omitted). Plaintiff submits that " Southpac ' s alleged paricipation in subsequent fraudulent transfers of these same assets originally located in New York arising out of the divorce settlement provides suffcient grounds for this Court to exercise personal jurisdiction over it" (Williams Aff. in Opp. at 7). Plaintiff suggests that the Court reached this conclusion in issuing its February 2010 Order. Plaintiff provides a detailed history of the relevant factual background including 1) the divorce action and settlement, 2) admissions by Melvin and Ellen, and documentation, regarding the allegedly improper conversion of assets that could have been used to satisfy Sylvia s judgment in the divorce action; 3) the history of the trusts established by Ellen, 4) Ellen s continued control over trust assets, and 5) the Cour' s prior Orders in this action. C. The Paries' Positions Southpac submits that Plaintiff has not pleaded a prima facie showing of personal jurisdiction over Southpac in light of the fact that 1) there is no allegation, or basis to allege, that Southpac is in New York on a continuous or systematic basis; 2) Plaintiff does not allege that Southpac conducts business in, or avails itself of the privilege of doing business in, New York; 3) Plaintiff does not plead, and cannot set forth, the required nexus between any business by Southpac in New York and the causes of action sued upon; 4) Southpac has not engaged in a tortious act outside of New York that caused injury within New York; 5) Plaintiff has not pleaded, and canot establish, that Southpac should have reasonably foreseen its acts to have consequences. in New York; and 6) Plaintiff does not allege that Southpac derives, and Southpac does not derive, substantial revenue from goods used or services rendered in New York. Plaintiff opposes Southpac s motion, submitting that 1) Southpac is subject,to personal jurisdiction in this action pursuant to inter alia CPLR ~ 302(a)(l) in light of its alleged paricipation in fraudulent transfers of proceeds relating to Melvin and Sylvia s divorce settlement, and the exercise of jurisdiction over Southpac is waranted in light of evidence including Ellen and Southpac s enlistment of the aid of Andrew Har, Ellen s New York broker with respect to investment advisor services and transfers regarding the Restated LaSalle Trust; 2) Southpac has failed to offer new arguments that would justify the Court' s deciding the

[* 5] jurisdiction issue differently than it has done previously; 3) the Cour' s exercise of personal jurisdiction over Southpac is waranted in light of the interactive nature of its website which invites and promotes the very transfers that are the subject matter of this fraudulent conveyance litigation" (P' s Memo. of Law in Opp. at pp. 14-15); and 4) jurisdiction over Southpac is appropriate, pursuant to CPLR 9 302(a)(2), in light of Southpac s alleged participation in the fraudulent transfers at issue. follows: RULING OF THE COURT In its Februar 1 2010 Decision (Ex. C to Wiliams Aff. in Opp.), the Cour held as As alleged fraudulent grantees of the proceeds of the Sale, which proceeds were distributed in the New York Divorce Action, the other Defendants have significant contacts with this jurisdiction that justify this cour' s exercise of jurisdiction over them. Ellen Weitz, and the self-settled trusts that she created, apparently received funds after the commencement of the Plenar Action, as demonstrated by Melvin s deposition testimony in 2007 that he gave $7 milion to Ellen eight years earlier, at a time that he was involved in litigation with Sylvia. Melvin s testimony that he never advised the cour, or Sylvia, of this transfer of money supports the inference that he was aware that this transfer may have been improper. In sum, the Cour concludes that Ellen, the trusts, and Southpac, the curent trustee transacted business in New York by receiving the funds that were the subject of the Plenar Action in New York. There is clearly a substantial relationship between Defendants' receipt of those fuds and this fraudulent conveyance action. Accordingly, the Court denies the motion of Ellen and the Trust Defendants to dismiss the Complaint for lack of personal jurisdiction. In consideration of the legal principles set forth in the Court' s prior decisions, and for the reasons set forth in the Court' s Februar 1 2010 Decision denying dismissal for lack of personal jurisdiction, the Cour denies Southpac s motion. The Court concludes that the exercise of jursidiction over Southpac is appropriate in light of the allegations that Southpac paricipated in the fraudulent conveyance of assets in an effort to avoid the satisfaction of the judgment in the New York divorce action.

[* 6] All matters not decided herein are hereby denied. This constitutes the decision and order of the Court. The Cour reminds counsel for the paries of their required appearance before the Court for a conference on April 3, 2012 at 9:30 a. ENTER DATED: Mineola, NY March 19 2012 HON. TIMOTHY S. DRISC ls. ENTERED MAR 2 2 2012 NASSAU COUNTY COUNTY CLERK' S OFFICE