Preview
FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------x Index No.:
DOUGLAS J. PICK, as Assignee for the Benefit of Purchased:
SCHIFF FINE ARTS, LLC,
Plaintiff, SUMMONS
-against- The Plaintiff's address is:
12th
369 Lexington Avenue, FlOOr
LISA SCHIFF, New York, New York 10017
Defendant. Venue is based on Plaintiff's
-------------------------------------------------------------------x residence.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: New York, New York
November 14, 2023
PICK'& ZABICKI LLP
ns dEFllaint f
By:
1 3ick, Èsq.
12th
69 ington Avenue, FlOOr
New York, New York 10017
(212) 695-6000
TO: LISA SCHIFF
Defendant
56 Leonard Street
New York, New York 10013
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________________________________________________________________Ç
DOUGLAS J. PICK, as Assignee for the Benefit of
SCHIFF FINE ARTS, LLC, Index No.:
Plaintiff, COMPLAINT
-against-
LISA SCHIFF,
Defendant.
--__________________________________________-______________________Ç
Plaintiff Douglas J. Pick, as Assignee ("Plaintiff') for the Benefit of Creditors of
Schiff Fine Arts, LLC ("Assignor"), by and through his undersigned counsel, as and for his
Complaint against defendant Lisa Schiff ("Defendant"), alleges as follows:
NATURE OF THE ACTION
1. This action is brought by Plaintiff for entry of a: (a) declaratory judgment
deeming Assignor's estate established under Article 2 of the Debtor and Creditor Law to be the
sole and exclusive legal and equitable owner and holder of all rights, title and interests in and to
certain personal property with respect to which Defendant has asserted a competing ownership
interest and directing the immediate turnover thereof by Defendant to Plaintiff; and/or (b) money
judgment against Defendant for the value of any of the personal property at issue not turned over
to Plaintiff.
PARTIES
2. Plaintiff is, and at all times material herein was, the duly appointed Assignee
for the Benefit of Creditors of Assignor under Article 2 of the Debtor and Creditor Law pursuant
to a Deed of Assignment executed and recorded in the Office of the Clerk of New York County
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on May 16, 2023 (the "Assignment"), and maintains an office and place of business within the
County and State of New York.
3. Assignor is, and at all times material herein was, a limited liability company
organized and existing under the laws of the State of New York having an office and place of
business within the State of New York, County of New York.
4. At all times material herein, the Assignor was engaged in the business of
advising and assisting clients in the purchase and sale of fine art.
5. The filing of the Assignment commenced a proceeding pursuant to Article
2 of the Debtor and Creditor Law which is now pending before the above-captioned Court entitled
In the Matter of the General Assignment for the Benefit of Creditors of Schiff Fine Arts, LLC,
Assignor -to- Douglas 1 Assignee (Sup. N.Y Cty. - Index No. (the
Pick, Ct., 5100001/2023)
"Assignment Proceeding").
6. Pursuant to the Assignment, all of the tangible and intangible assets of
Assignor, including without limitation all rights, title and interests in and to any real or personal
property of the Assignor, amounts owed to Assignor, and all potential claims and causes of action
assertable by Assignor, were assigned to Plaintiff and constitute property of Assignor's estate
established under Article 2 of the Debtor and Creditor Law (the "Estate").
7. As a result of the foregoing, Plaintiff has standing to commence and
prosecute this action against Defendant in the place and stead of Assignor.
8. Defendant is, and at all times material herein was, an individual resident
and domiciliary of the State of New York, County of New York.
9. Defendant is, and at all times material herein was, the sole member,
manager and principal of Assignor.
2
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FACTS COMMON TO ALL CAUSES OF ACTION
10. Subsequent to his appointment, Plaintiff, with the assistance of his
professionals, undertook an extensive investigation for the purpose of identifying and locating art
inventory and other property in which Assignor had any legal or equitable rights, title or interests.
11. During the course of said investigation, and in response to an inquiry by
Plaintiff as to the whereabouts of certain specified pieces of art inventory and other property
belonging to Assignor, Defendant, by her counsel, asserted that she personally, and not the
Assignor, is the owner of each of the one hundred fourteen (114) items of property identified in
"
Exhibit "A hereto (the "Property").
12. Neither Defendant nor her counsel have provided any documentation
evidencing Defendant's alleged ownership or any other rights, title or interest with respect to the
Property.
13. Upon information and belief, all of the Property was purchased or otherwise
acquired with funds and/or other assets belonging to Assignor and not Defendant personally.
14. Upon information and belief, at the time that the Assignment was executed,
Assignor was the sole and exclusive holder of all legal and equitable rights, title and interests in
and to all of the Property.
15. As a result of the execution of the Assignment, all of Assignor's rights, title
and interests in and to all of the Property constitute property of the Estate to which Plaintiff is
entitled to immediate possession for administration under Article 2 of the Debtor and Creditor
Law.
3
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16. In accordance with the foregoing, on October 27, 2023 Plaintiff had made
demand upon Defendant (through her counsel) for the immediate turnover of the Property to
Plaintiff, advising as follows:
"Mr. Cahill,
We are preparing a verified complaint to be filed with the
court addressing the artwork/inventory on the 20 page list that you
have provided me as allegedly constituting the personal assets of
Schiff. Prior to our filing the verified complaint with the Court and
seeking an examination of your client (we believe that here Fifth
Amendment privilege has been waived as a result of the filings and
arguments that you have made with the court) we wanted to give
you the opportunity to discuss the matter with your client so as to
ascertain and then advise us if she would voluntarily agree to waive
any and all claims, if any, to the artwork/inventory. Obviously, if
we do not receive a response to this email then we will presume that
the complaint should be filed and we should proceed accordingly.
Please simply confirm, in that event, that you would accept service
Thank[]you."
on behalf of your client[.]
17. A true and complete copy of the foregoing communication is attached
hereto as Exhibit "B".
18. Defendant failed to respond to the above e-mail and otherwise failed and/or
refused to turn any of the Property over to Plaintiff as demanded.
AS AND FOR A FIRST CAUSE OF ACTION
(Declaratory Judgment)
19. Plaintiff repeats, reiterates and realleges each and every allegation
"1" "18"
contained in Paragraphs through as if set forth at length herein.
20. Based upon the foregoing facts, Plaintiff is entitled to and demands
judgment deeming the Estate to be the sole and exclusive owner and holder of all legal and
equitable rights, title and interests in and to all of the Property and directing the immediate turnover
thereof by Defendant to Plaintiff.
4
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21. Absent entry of judgment as demanded, the Estate and its beneficiaries will
be irreparably harmed.
AS AND FOR A SECOND CAUSE OF ACTION
(Alter-Ego)
22. Plaintiff repeats and realleges each and every allegation set forth in
"1" "21"
Paragraphs through as if set forth at length herein.
23. At all times material herein, Defendant owned 100% of the membership
interests of the Assignor and was the sole manager and/or principal of Assignor.
24. Upon information and belief, Defendant: (i) utilized the corporate form of
Assignor to further her own personal interests rather than those of Assignor including, but not
limited to, purchasing the Property with funds and/or other assets belonging to the Assignor solely
for her own personal benefit and/or refusing to turn such Property over to its rightful owner,i.e.,
the Estate; (ii) conducted business in her personal capacity and without regard to corporate
formalities with regard to the purchase or other acquisition of the Property as described herein;
(iii) engaged in the commingling of personal and corporate funds and/or other assets, including
the use of funds and/or other assets of Assignor to pay Defendant's personal expenses; and/or (iv)
otherwise abused the corporate form of Assignor with regard to the facts and circumstances of this
action and/or otherwise with regard to the Property.
25. Upon information and belief, Defendant has exercised complete domination
and control of Assignor and ignored the separate entity of Assignor, including with respect to the
purchase or other acquisition and subsequent retention of and assertion of ownership to the
Property as described herein.
5
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26. In an action commenced by Candace Carmel Barasch ("Candace") entitled,
Candace Carmel Barasch, Michael A. Barasch and Bradley A. Carmel Living Trust vs. Lisa Schiff
Schiff Fine Art LLC, SFA Advisory LLC and Does 1-10, Index No. 652287/2023 (Supreme Court,
New York County), it has been alleged that:
". . . Candace regularly observed Schiff spending tens of thousands
of dollars at a time on couture clothing and accessories, and making
jewelry purchases of $20,000 at a time. For example, in October
2022, which Candace and Schiff were traveling in Europe for the
Paris + (Art Basel) art fair, Schiff spent over 30,000 euros
(approximately $32,400) at the designer store Loewe in Paris, for
nineteen items including, among other things, a single pair of
leggings for 590 euros (approximately $573), a dress for 4,900 euros
($4,762.80), and a pair of jeans for 980 euros (about $953). Schiff
told Candace that the rent on her New York apartment was about
Defendants'
$25,000 per month, and that the rents on each of offices
in New York and London were also tens of thousands of dollars per
month. Schiff also rents a luxury apartment in the legendary
Colonial House Apartment complex in West Hollywood, where
Bette Davis once lived.
***
"Every day of the week before Schiff admitted her wrongdoing-at
Defendants'
a time when she apparently knew that scheme was
about to implode-Schiff pressured Candace and her co-plaintiffs
urgently to wire money to Defendants, ostensibly to pay for artwork
purchases that Plaintiffs had authorized. Candace learned from
Schiff on May 8, 2023 that the last two wires she had sent to Schiff
(from the Trust) did not go towards payment on the paintings they
were earmarked for. The last transfer of $190,531.25 was made
just four days before Schiff's confession. When Candace asked
Schiff on May 8, 2023 where this money went, Schiff said she did
not know.
***
"Counsel to Schiff has disclosed that Schiff has been having
problems" years."
personal "financial for multiple
27. Upon information and belief, Defendant's conduct with respect to the
purchase or other acquisition of the Property with funds and/or other assets belonging to the
Assignor and with respect to Defendant's retention thereof as described herein was born in fraud
or other impropriety and/or for her own personal purposes and was not done for the benefit of
6
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Assignor and, therefore, any ostensible rights, title or interests which Defendant may have or may
claim to have with respect to the Property should not suffice to cloak Defendant's fraudulent and/or
ultra vires actions with immunity for Defendant's further personal benefit and to the detriment of
the Property's rightful owner, i.e., the Estate.
28. Upon information and belief, Defendant and Assignor are alter-egos of each
other with respect to the Property such that any rights, title or interests which Defendant may have
or claim to have thereto should be disregarded.
29. Based upon the foregoing facts, Plaintiff is entitled to and demands
judgment deeming the Estate to be the sole and exclusive owner and holder of all legal and
equitable rights, title and interests in and to all of the Property and directing the immediate turnover
thereof by Defendant to Plaintiff.
30. Absent entry of judgment as demanded, the Estate and its beneficiaries will
be irreparably harmed.
AS AND FOR A THIRD CAUSE OF ACTION
(Conversion)
31. Plaintiff repeats, reiterates and realleges each and every allegation
"1" "30"
contained in Paragraphs through as if set forth at length herein.
32. At all times material herein, the Estate was the legal and equitable owner of
the Property.
33. Defendant's retention of possession of the Property despite due demand for
the immediate turnover thereof to Plaintiff was and continues to be an improper exercise of
dominion and control over the Property constituting a wrongful act of interference with and
deprivation of the Estates rights, title and interests in and to the Property and constituting a
conversion of the Property by Defendant.
7
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34. Consequently, Plaintiff is entitled to and hereby demands judgment against
Defendant in a principal amount to be determined at trial representing the value of any Property
not turned over to Plaintiff, but reasonably believed to be at least $100,000.00, plus interest thereon
at the statutory rate of nine percent (9%) from the date of Plaintiff's demand for turnover of the
Property.
AS AND FOR A FOURTH CAUSE OF ACTION
(Unjust Enrichment)
35. Plaintiff repeats and realleges each and every allegation set forth in
"1" "34"
Paragraphs through as if set forth at length herein.
36. Upon information and belief, all of the Property was purchased or otherwise
acquired with funds and/or other assets belonging to Assignor and not Defendant personally.
37. Defendant has nevertheless retained the Property for her own personal and
exclusive benefit, to the substantial detriment to the Estate and its beneficiaries, without
compensating the Estate therefor.
38. It is against equity and good conscience to permit Defendant to retain the
benefits of the Property without compensating the Estate therefor.
39. As a result, Defendant has been unjustly enriched in an amount equal to the
value of the Property so retained at the expense o
Preview
FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x Index No.: DOUGLAS J. PICK, as Assignee for the Benefit of Purchased: SCHIFF FINE ARTS, LLC, Plaintiff, SUMMONS -against- The Plaintiff's address is: 12th 369 Lexington Avenue, FlOOr LISA SCHIFF, New York, New York 10017 Defendant. Venue is based on Plaintiff's -------------------------------------------------------------------x residence. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York November 14, 2023 PICK'& ZABICKI LLP ns dEFllaint f By: 1 3ick, Èsq. 12th 69 ington Avenue, FlOOr New York, New York 10017 (212) 695-6000 TO: LISA SCHIFF Defendant 56 Leonard Street New York, New York 10013 1 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________________________________________________________________Ç DOUGLAS J. PICK, as Assignee for the Benefit of SCHIFF FINE ARTS, LLC, Index No.: Plaintiff, COMPLAINT -against- LISA SCHIFF, Defendant. --__________________________________________-______________________Ç Plaintiff Douglas J. Pick, as Assignee ("Plaintiff') for the Benefit of Creditors of Schiff Fine Arts, LLC ("Assignor"), by and through his undersigned counsel, as and for his Complaint against defendant Lisa Schiff ("Defendant"), alleges as follows: NATURE OF THE ACTION 1. This action is brought by Plaintiff for entry of a: (a) declaratory judgment deeming Assignor's estate established under Article 2 of the Debtor and Creditor Law to be the sole and exclusive legal and equitable owner and holder of all rights, title and interests in and to certain personal property with respect to which Defendant has asserted a competing ownership interest and directing the immediate turnover thereof by Defendant to Plaintiff; and/or (b) money judgment against Defendant for the value of any of the personal property at issue not turned over to Plaintiff. PARTIES 2. Plaintiff is, and at all times material herein was, the duly appointed Assignee for the Benefit of Creditors of Assignor under Article 2 of the Debtor and Creditor Law pursuant to a Deed of Assignment executed and recorded in the Office of the Clerk of New York County 2 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 on May 16, 2023 (the "Assignment"), and maintains an office and place of business within the County and State of New York. 3. Assignor is, and at all times material herein was, a limited liability company organized and existing under the laws of the State of New York having an office and place of business within the State of New York, County of New York. 4. At all times material herein, the Assignor was engaged in the business of advising and assisting clients in the purchase and sale of fine art. 5. The filing of the Assignment commenced a proceeding pursuant to Article 2 of the Debtor and Creditor Law which is now pending before the above-captioned Court entitled In the Matter of the General Assignment for the Benefit of Creditors of Schiff Fine Arts, LLC, Assignor -to- Douglas 1 Assignee (Sup. N.Y Cty. - Index No. (the Pick, Ct., 5100001/2023) "Assignment Proceeding"). 6. Pursuant to the Assignment, all of the tangible and intangible assets of Assignor, including without limitation all rights, title and interests in and to any real or personal property of the Assignor, amounts owed to Assignor, and all potential claims and causes of action assertable by Assignor, were assigned to Plaintiff and constitute property of Assignor's estate established under Article 2 of the Debtor and Creditor Law (the "Estate"). 7. As a result of the foregoing, Plaintiff has standing to commence and prosecute this action against Defendant in the place and stead of Assignor. 8. Defendant is, and at all times material herein was, an individual resident and domiciliary of the State of New York, County of New York. 9. Defendant is, and at all times material herein was, the sole member, manager and principal of Assignor. 2 3 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 FACTS COMMON TO ALL CAUSES OF ACTION 10. Subsequent to his appointment, Plaintiff, with the assistance of his professionals, undertook an extensive investigation for the purpose of identifying and locating art inventory and other property in which Assignor had any legal or equitable rights, title or interests. 11. During the course of said investigation, and in response to an inquiry by Plaintiff as to the whereabouts of certain specified pieces of art inventory and other property belonging to Assignor, Defendant, by her counsel, asserted that she personally, and not the Assignor, is the owner of each of the one hundred fourteen (114) items of property identified in " Exhibit "A hereto (the "Property"). 12. Neither Defendant nor her counsel have provided any documentation evidencing Defendant's alleged ownership or any other rights, title or interest with respect to the Property. 13. Upon information and belief, all of the Property was purchased or otherwise acquired with funds and/or other assets belonging to Assignor and not Defendant personally. 14. Upon information and belief, at the time that the Assignment was executed, Assignor was the sole and exclusive holder of all legal and equitable rights, title and interests in and to all of the Property. 15. As a result of the execution of the Assignment, all of Assignor's rights, title and interests in and to all of the Property constitute property of the Estate to which Plaintiff is entitled to immediate possession for administration under Article 2 of the Debtor and Creditor Law. 3 4 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 16. In accordance with the foregoing, on October 27, 2023 Plaintiff had made demand upon Defendant (through her counsel) for the immediate turnover of the Property to Plaintiff, advising as follows: "Mr. Cahill, We are preparing a verified complaint to be filed with the court addressing the artwork/inventory on the 20 page list that you have provided me as allegedly constituting the personal assets of Schiff. Prior to our filing the verified complaint with the Court and seeking an examination of your client (we believe that here Fifth Amendment privilege has been waived as a result of the filings and arguments that you have made with the court) we wanted to give you the opportunity to discuss the matter with your client so as to ascertain and then advise us if she would voluntarily agree to waive any and all claims, if any, to the artwork/inventory. Obviously, if we do not receive a response to this email then we will presume that the complaint should be filed and we should proceed accordingly. Please simply confirm, in that event, that you would accept service Thank[]you." on behalf of your client[.] 17. A true and complete copy of the foregoing communication is attached hereto as Exhibit "B". 18. Defendant failed to respond to the above e-mail and otherwise failed and/or refused to turn any of the Property over to Plaintiff as demanded. AS AND FOR A FIRST CAUSE OF ACTION (Declaratory Judgment) 19. Plaintiff repeats, reiterates and realleges each and every allegation "1" "18" contained in Paragraphs through as if set forth at length herein. 20. Based upon the foregoing facts, Plaintiff is entitled to and demands judgment deeming the Estate to be the sole and exclusive owner and holder of all legal and equitable rights, title and interests in and to all of the Property and directing the immediate turnover thereof by Defendant to Plaintiff. 4 5 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 21. Absent entry of judgment as demanded, the Estate and its beneficiaries will be irreparably harmed. AS AND FOR A SECOND CAUSE OF ACTION (Alter-Ego) 22. Plaintiff repeats and realleges each and every allegation set forth in "1" "21" Paragraphs through as if set forth at length herein. 23. At all times material herein, Defendant owned 100% of the membership interests of the Assignor and was the sole manager and/or principal of Assignor. 24. Upon information and belief, Defendant: (i) utilized the corporate form of Assignor to further her own personal interests rather than those of Assignor including, but not limited to, purchasing the Property with funds and/or other assets belonging to the Assignor solely for her own personal benefit and/or refusing to turn such Property over to its rightful owner,i.e., the Estate; (ii) conducted business in her personal capacity and without regard to corporate formalities with regard to the purchase or other acquisition of the Property as described herein; (iii) engaged in the commingling of personal and corporate funds and/or other assets, including the use of funds and/or other assets of Assignor to pay Defendant's personal expenses; and/or (iv) otherwise abused the corporate form of Assignor with regard to the facts and circumstances of this action and/or otherwise with regard to the Property. 25. Upon information and belief, Defendant has exercised complete domination and control of Assignor and ignored the separate entity of Assignor, including with respect to the purchase or other acquisition and subsequent retention of and assertion of ownership to the Property as described herein. 5 6 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 26. In an action commenced by Candace Carmel Barasch ("Candace") entitled, Candace Carmel Barasch, Michael A. Barasch and Bradley A. Carmel Living Trust vs. Lisa Schiff Schiff Fine Art LLC, SFA Advisory LLC and Does 1-10, Index No. 652287/2023 (Supreme Court, New York County), it has been alleged that: ". . . Candace regularly observed Schiff spending tens of thousands of dollars at a time on couture clothing and accessories, and making jewelry purchases of $20,000 at a time. For example, in October 2022, which Candace and Schiff were traveling in Europe for the Paris + (Art Basel) art fair, Schiff spent over 30,000 euros (approximately $32,400) at the designer store Loewe in Paris, for nineteen items including, among other things, a single pair of leggings for 590 euros (approximately $573), a dress for 4,900 euros ($4,762.80), and a pair of jeans for 980 euros (about $953). Schiff told Candace that the rent on her New York apartment was about Defendants' $25,000 per month, and that the rents on each of offices in New York and London were also tens of thousands of dollars per month. Schiff also rents a luxury apartment in the legendary Colonial House Apartment complex in West Hollywood, where Bette Davis once lived. *** "Every day of the week before Schiff admitted her wrongdoing-at Defendants' a time when she apparently knew that scheme was about to implode-Schiff pressured Candace and her co-plaintiffs urgently to wire money to Defendants, ostensibly to pay for artwork purchases that Plaintiffs had authorized. Candace learned from Schiff on May 8, 2023 that the last two wires she had sent to Schiff (from the Trust) did not go towards payment on the paintings they were earmarked for. The last transfer of $190,531.25 was made just four days before Schiff's confession. When Candace asked Schiff on May 8, 2023 where this money went, Schiff said she did not know. *** "Counsel to Schiff has disclosed that Schiff has been having problems" years." personal "financial for multiple 27. Upon information and belief, Defendant's conduct with respect to the purchase or other acquisition of the Property with funds and/or other assets belonging to the Assignor and with respect to Defendant's retention thereof as described herein was born in fraud or other impropriety and/or for her own personal purposes and was not done for the benefit of 6 7 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 Assignor and, therefore, any ostensible rights, title or interests which Defendant may have or may claim to have with respect to the Property should not suffice to cloak Defendant's fraudulent and/or ultra vires actions with immunity for Defendant's further personal benefit and to the detriment of the Property's rightful owner, i.e., the Estate. 28. Upon information and belief, Defendant and Assignor are alter-egos of each other with respect to the Property such that any rights, title or interests which Defendant may have or claim to have thereto should be disregarded. 29. Based upon the foregoing facts, Plaintiff is entitled to and demands judgment deeming the Estate to be the sole and exclusive owner and holder of all legal and equitable rights, title and interests in and to all of the Property and directing the immediate turnover thereof by Defendant to Plaintiff. 30. Absent entry of judgment as demanded, the Estate and its beneficiaries will be irreparably harmed. AS AND FOR A THIRD CAUSE OF ACTION (Conversion) 31. Plaintiff repeats, reiterates and realleges each and every allegation "1" "30" contained in Paragraphs through as if set forth at length herein. 32. At all times material herein, the Estate was the legal and equitable owner of the Property. 33. Defendant's retention of possession of the Property despite due demand for the immediate turnover thereof to Plaintiff was and continues to be an improper exercise of dominion and control over the Property constituting a wrongful act of interference with and deprivation of the Estates rights, title and interests in and to the Property and constituting a conversion of the Property by Defendant. 7 8 of 10 FILED: NEW YORK COUNTY CLERK 11/14/2023 02:53 PM INDEX NO. 655672/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2023 34. Consequently, Plaintiff is entitled to and hereby demands judgment against Defendant in a principal amount to be determined at trial representing the value of any Property not turned over to Plaintiff, but reasonably believed to be at least $100,000.00, plus interest thereon at the statutory rate of nine percent (9%) from the date of Plaintiff's demand for turnover of the Property. AS AND FOR A FOURTH CAUSE OF ACTION (Unjust Enrichment) 35. Plaintiff repeats and realleges each and every allegation set forth in "1" "34" Paragraphs through as if set forth at length herein. 36. Upon information and belief, all of the Property was purchased or otherwise acquired with funds and/or other assets belonging to Assignor and not Defendant personally. 37. Defendant has nevertheless retained the Property for her own personal and exclusive benefit, to the substantial detriment to the Estate and its beneficiaries, without compensating the Estate therefor. 38. It is against equity and good conscience to permit Defendant to retain the benefits of the Property without compensating the Estate therefor. 39. As a result, Defendant has been unjustly enriched in an amount equal to the value of the Property so retained at the expense o