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Larry D'Alessandro, Denise Perciballi Individually, Denise Perciballi As Executrix Of The Estate Of Robert W. D'Alessandro v. Donna Messana
A Commercial - Other (Unjust Enrichment) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Suffolk County. Judge David T Reilly presiding.
Case Details
Case Number
Filing Date
June 27, 2023
Last Refreshed
February 02, 2024
Filing Location
Suffolk County, NY
Category
Commercial - Other (Unjust Enrichment)
Practice Area
Commercial
Matter Type
General Commercial
Overview
Defendant Donna Messana (hereinafter “Defendant”) and Decedent Robert W.
D’Alessandro (hereinafter “Decedent”) were long-time acquaintances and romantic companions,
going back over forty (40) years. Defendant resided with Decedent in Decedent’s home for
approximately six (6) years until Decedent died at the age of ninety-two (92) and continues to
reside there to date. Decedent suffered from dementia in the last years of his life. Upon
information and belief, Defendant and Decedent shared a confidential relationship whereby
Decedent depended on and entrusted Defendant with, inter alia, his finances.
Plaintiffs have been compelled to bring this action as a result of Defendant’s
affirmative scheme to take advantage of Decedent’s deteriorating mental state and misappropriate
funds from both Decedent and Decedent’s son, Plaintiff Larry D’Alessandro, for Defendant’s
personal benefit. In addition to stealing from Decedent and Plaintiff Larry D’Alessandro,
Causes of Action
1. FOR MONEY HAD AND RECEIVED
2. FOR UNJUST ENRICHMENT
3. FOR ACCOUNTING
4. SEEKING A DECLARATORY JUDGMENT
Parties
Plaintiffs
Denise Perciballi As Executrix Of The Estate Of Robert W. D'Alessandro
Denise Perciballi
Individually
Larry D'Alessandro
Attorneys for Plaintiffs
Russo, Sonia Agnieszka
Defendants
Donna Messana
Case Documents
ORDER - MOTION- SHORT FORM
Date: Feb 01, 2024
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Nov 02, 2023
EXHIBIT(S) - 3 (Motion 001)
Date: Oct 31, 2023
EXHIBIT(S) - 4 (Motion 001) June 19, 2017 6,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - C (Motion 001)
Date: Oct 31, 2023
MEMORANDUM OF LAW IN SUPPORT
Date: Oct 31, 2023
RJI -RE: NOTICE OF MOTION
Date: Oct 31, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Oct 31, 2023
EXHIBIT(S) - 4 (Motion 001) 71,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 2 (Motion 001)
Date: Oct 31, 2023
EXHIBIT(S) - 6 (Motion 001) Oct,. 7, 2019 19,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 3 (Motion 001) Dec. 13, 2016 6,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 1 (Motion 001)
Date: Oct 31, 2023
EXHIBIT(S) - 1 (Motion 001)
Date: Oct 31, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Oct 31, 2023
NOTICE OF MOTION
Date: Oct 31, 2023
EXHIBIT(S) - 9 (Motion 001) March 1, 2022 25,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 8 (Motion 001) Jan. 6, 2021 10,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 7 (Motion 001) Aug. 17, 2020 10,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - 5 (Motion 001) Oct. 17, 2017 6,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - B (Motion 001)
Date: Oct 31, 2023
EXHIBIT(S) - 2 (Motion 001) June 6, 2016 6,000 Check Redactedper 22 NYCRR
Date: Oct 31, 2023
EXHIBIT(S) - A (Motion 001)
Date: Oct 31, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 001)
Date: Oct 31, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Jul 18, 2023
SUMMONS COMPLAINT
Date: Jun 27, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| February 01, 2024 | ORDER - MOTION- SHORT FORM | ||
| November 02, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Proof of Service of Motion Papers on Defendant |
||
| October 31, 2023 |
EXHIBIT(S) - 3 (Motion #001) Screenshot from Westchester Clerk's Website |
||
| October 31, 2023 |
EXHIBIT(S) - 4 (Motion #001) June 19, 2017 $6,000 Check Redacted per 22 NYCRR June 19, 2017 $6,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - C (Motion #001) Sept. 5, 2023 Letter |
||
| October 31, 2023 | MEMORANDUM OF LAW IN SUPPORT | ||
| October 31, 2023 | RJI -RE: NOTICE OF MOTION | ||
| October 31, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) D'Alessandro Affidavit |
||
| October 31, 2023 |
EXHIBIT(S) - 4 (Motion #001) $71,000 Check Redacted per 22 NYCRR $71,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 5 (Motion #001) Bank Records Reflecting Deposit and Withdrawal of $71,000 Check Redacted per 22 NYCRR Bank Records Reflecting Deposit and Withdrawal of $71,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 2 (Motion #001) Deed |
||
| October 31, 2023 |
EXHIBIT(S) - 6 (Motion #001) Oct,. 7, 2019 $19,000 Check Redacted per 22 NYCRR Oct,. 7, 2019 $19,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 3 (Motion #001) Dec. 13, 2016 $6,000 Check Redacted per 22 NYCRR Dec. 13, 2016 $6,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 1 (Motion #001) Letters of Administration |
||
| October 31, 2023 |
EXHIBIT(S) - 1 (Motion #001) Agreement |
||
| October 31, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Perciballi Affidavit |
||
| October 31, 2023 | NOTICE OF MOTION | ||
| October 31, 2023 |
EXHIBIT(S) - 9 (Motion #001) March 1, 2022 $25,000 Check Redacted per 22 NYCRR March 1, 2022 $25,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 8 (Motion #001) Jan. 6, 2021 $10,000 Check Redacted per 22 NYCRR Jan. 6, 2021 $10,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 7 (Motion #001) Aug. 17, 2020 $10,000 Check Redacted per 22 NYCRR Aug. 17, 2020 $10,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - 5 (Motion #001) Oct. 17, 2017 $6,000 Check Redacted per 22 NYCRR Oct. 17, 2017 $6,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - B (Motion #001) Affidavit of Service |
||
| October 31, 2023 |
EXHIBIT(S) - 2 (Motion #001) June 6, 2016 $6,000 Check Redacted per 22 NYCRR June 6, 2016 $6,000 Check Redacted |
||
| October 31, 2023 |
EXHIBIT(S) - A (Motion #001) Summons and Complaint |
||
| October 31, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #001) Barnes Affirmation |
||
| July 18, 2023 | AFFIRMATION/AFFIDAVIT OF SERVICE | ||
| June 27, 2023 |
SUMMONS + COMPLAINT Summons and Verified Complaint |
