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FILED: NEW YORK COUNTY CLERK 10/21/2022 12:17 PM INDEX NO. 156591/2022
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. J. MACHELLE SWEETING PART 62
Justice
---------------------------------------------------------------------------------X INDEX NO. 156591/2022
SWIFT FINANCIAL, LLC,
MOTION DATE 08/08/2022
Plaintiff,
MOTION SEQ. NO. 001
-v-
LANDROCK PROPERTY GROUP LLC, GOLDSTAR
DECISION + ORDER ON
PROPERTY SERVICES INC.
MOTION
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 20, 23, 24, 25
were read on this motion to/for TURNOVER PROCEEDING .
Pending before the court is a petition in which petitioner Swift Financial, LLC, as servicing
agent for WebBank, seeks a judgment in its favor against respondents Landrock Property Group
LLC (“Landrock”) and Goldstar Property Services Inc. (“Goldstar”), jointly and severally, as
follows:
A. On the first and Second Claims for Relief, as detailed in the petition:
(i) Voiding as fraudulent the transfers from 180 Construction of $25,500 to
Landrock and $30,440 to Goldstar; and
(ii) Awarding judgment to petitioner Swift against Landrock in the principal
amount of $25,500 with interest from January 7, 2020 (the date of the transfer to Landrock);
and
(iii) Awarding judgment to petitioner Swift against Goldstar in the principal amount
of $30,440 with interest from July 29, 2020 (the last date of transfer to Goldstar); and
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B. On the Third Claim for Relief, as detailed in the petition:
(i) Awarding petitioner judgment against the respondents Landrock and Goldstar,
jointly and severally, in the amount of petitioner’s reasonable attorney's fees and
disbursements in this proceeding, as fixed by the Court; and
C. On the Fourth Claim for Relief, as detailed in the petition:
(i) Piercing the corporate veil of Landrock and declaring that Landrock is thereby
liable for petitioner’s Judgment; and
(ii) Awarding petitioner a judgment against Landrock in the amount of the
Judgment, $126,260.82, with 9% statutory interest from January 3, 2022, the date of entry
of the Judgment; and
D. On the Fifth Claim for Relief, as detailed in the petition:
(i) an order or judgment for a turnover pursuant to CPLR §§ 5225(b) and 5222(b)
requiring Goldstar to pay to petitioner (i) all payments Goldstar made to Judgment Debtor
Huffman since July 8, 2022 in violation of the Restraining Notice; and (ii) Huffman’s
ownership interest in Goldstar, including his stock certificates; and (iii) any other money
now owed to Judgment Debtor Huffman by Goldstar, including for unpaid distributions
and profits; and
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E. On the Sixth Claim for Relief, as detailed in the petition:
(i) an order or judgment pursuant to CPLR § 5227 directing Goldstar to turn over
to petitioner all amounts, up to the Judgment amount, that Goldstar will owe or become
indebted in the future to Judgment Debtor Huffman, including for profits and/or
distributions; and
F. On the Seventh Claim for Relief, as detailed in the petition:
(i) attaching the funds of respondents Landrock and Goldstar, and enjoining,
restraining, and staying the respondents from transferring, or permitting the transfer of any
funds held as cash or in their bank accounts, except toward satisfaction of the Judgment.
Affidavits of Service (NYSCEF Documents #23, 24, 25) show that this petition was
properly served on respondents and on judgment debtor 180 Construction Inc. This motion was
returnable before the court on September 22, 2022. To date, no opposition has been filed or
otherwise received by the court; no request for an extension of time has been made; and the time
in which to do so has expired.
Accordingly, this motion and the relief requested therein, is hereby GRANTED as
unopposed.
10/21/2022 $SIG$
DATE J. MACHELLE SWEETING, J.S.C.
CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
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FILED: NEW YORK COUNTY CLERK 10/21/2022 12:17 PM INDEX NO. 156591/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/21/2022 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. J. MACHELLE SWEETING PART 62 Justice ---------------------------------------------------------------------------------X INDEX NO. 156591/2022 SWIFT FINANCIAL, LLC, MOTION DATE 08/08/2022 Plaintiff, MOTION SEQ. NO. 001 -v- LANDROCK PROPERTY GROUP LLC, GOLDSTAR DECISION + ORDER ON PROPERTY SERVICES INC. MOTION Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 20, 23, 24, 25 were read on this motion to/for TURNOVER PROCEEDING . Pending before the court is a petition in which petitioner Swift Financial, LLC, as servicing agent for WebBank, seeks a judgment in its favor against respondents Landrock Property Group LLC (“Landrock”) and Goldstar Property Services Inc. (“Goldstar”), jointly and severally, as follows: A. On the first and Second Claims for Relief, as detailed in the petition: (i) Voiding as fraudulent the transfers from 180 Construction of $25,500 to Landrock and $30,440 to Goldstar; and (ii) Awarding judgment to petitioner Swift against Landrock in the principal amount of $25,500 with interest from January 7, 2020 (the date of the transfer to Landrock); and (iii) Awarding judgment to petitioner Swift against Goldstar in the principal amount of $30,440 with interest from July 29, 2020 (the last date of transfer to Goldstar); and 156591/2022 SWIFT FINANCIAL, LLC vs. LANDROCK PROPERTY GROUP LLC ET AL Page 1 of 3 Motion No. 001 1 of 3 FILED: NEW YORK COUNTY CLERK 10/21/2022 12:17 PM INDEX NO. 156591/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/21/2022 B. On the Third Claim for Relief, as detailed in the petition: (i) Awarding petitioner judgment against the respondents Landrock and Goldstar, jointly and severally, in the amount of petitioner’s reasonable attorney's fees and disbursements in this proceeding, as fixed by the Court; and C. On the Fourth Claim for Relief, as detailed in the petition: (i) Piercing the corporate veil of Landrock and declaring that Landrock is thereby liable for petitioner’s Judgment; and (ii) Awarding petitioner a judgment against Landrock in the amount of the Judgment, $126,260.82, with 9% statutory interest from January 3, 2022, the date of entry of the Judgment; and D. On the Fifth Claim for Relief, as detailed in the petition: (i) an order or judgment for a turnover pursuant to CPLR §§ 5225(b) and 5222(b) requiring Goldstar to pay to petitioner (i) all payments Goldstar made to Judgment Debtor Huffman since July 8, 2022 in violation of the Restraining Notice; and (ii) Huffman’s ownership interest in Goldstar, including his stock certificates; and (iii) any other money now owed to Judgment Debtor Huffman by Goldstar, including for unpaid distributions and profits; and 156591/2022 SWIFT FINANCIAL, LLC vs. LANDROCK PROPERTY GROUP LLC ET AL Page 2 of 3 Motion No. 001 2 of 3 FILED: NEW YORK COUNTY CLERK 10/21/2022 12:17 PM INDEX NO. 156591/2022 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/21/2022 E. On the Sixth Claim for Relief, as detailed in the petition: (i) an order or judgment pursuant to CPLR § 5227 directing Goldstar to turn over to petitioner all amounts, up to the Judgment amount, that Goldstar will owe or become indebted in the future to Judgment Debtor Huffman, including for profits and/or distributions; and F. On the Seventh Claim for Relief, as detailed in the petition: (i) attaching the funds of respondents Landrock and Goldstar, and enjoining, restraining, and staying the respondents from transferring, or permitting the transfer of any funds held as cash or in their bank accounts, except toward satisfaction of the Judgment. Affidavits of Service (NYSCEF Documents #23, 24, 25) show that this petition was properly served on respondents and on judgment debtor 180 Construction Inc. This motion was returnable before the court on September 22, 2022. To date, no opposition has been filed or otherwise received by the court; no request for an extension of time has been made; and the time in which to do so has expired. Accordingly, this motion and the relief requested therein, is hereby GRANTED as unopposed. 10/21/2022 $SIG$ DATE J. MACHELLE SWEETING, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 156591/2022 SWIFT FINANCIAL, LLC vs. LANDROCK PROPERTY GROUP LLC ET AL Page 3 of 3 Motion No. 001 3 of 3