Preview
FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____________________________________________________________________Ç
MCAULIFFE LAW, PLLC,
Index. No.:
Plaintiff,
SUMMONS
--against--
DOUGLAS ELLIMAN INC. and
NESTSEEKERS INTERNATIONAL LLC,
Defendants.
-------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned and required to serve upon Plaintiff's attorney an answer
to the Complaint in this action within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this
summons is not personally delivered to you within the State of New York. In case of your
failure to answer, judgment will be taken against you by default for the relief demanded in the
complaint
Dated: March 28, 2022
East Hampton, New York
imothy McAuliffe, Jr., Esq.
McAULIFFE LAW, PLLC
Attorneys for Plaintiff
3 Breeze Hill Rd.
East Hampton, New York 11937
(917) 825-5138
tim@outeastlaw.com
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TO: Andrew M. Lieb, Esq.
Lieb At Law, P.C.
Attorneys for Defendant Douglas Elliman, Inc.
308 West Main Street, Suite 100
Smithtown, NY 11787
(646) 216-8009
andrew@liebatlaw.com
Richard B. Feldman, Esq.
Rosenberg Feldman Smith, LLP
Attorneys for Nest Seekers International LLC
520 White Plains Road, Suite 500
Tarrytown, NY 10591
(212) 682-3454
rfeldman@rfs-law.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____________________________ __________________________________x
MCAULIFFE LAW, PLLC,
Index. No.:
Plaintiff,
COMPLAINT IN
--against-- INTERPLEADER
DOUGLAS ELLIMAN INC. and
NESTSEEKERS INTERNATIONAL LLC,
Defendants.
------------------------------------------------X
Interpleader-Plaintiff, MCAULIFFE LAW, PLLC, by its attorneys, McAuliffe Law,
as and for its Complaint in Interpleader (the against Interpleader-
PLLC, "Complaint")
Defendants DOUGLAS ELLIMAN INC. ("DE") and NESTSEEKERS INTERNATIONAL LLC
"Interpleader-Defendants"
("NS") (collectively referred to herein as the or "claimants"),
alleges as follows:
TNTRODIICTION
1. This is a civil action for interpleader brought pursuant to section 1006 of the
Civil Practice Law and Rules (the "CPLR") in which Plaintiff is a disinterested stakeholder
who faces competing and conflicting demands from Interpleader-Defendants for the payment
and delivery of a real estate brokerage commission in the total amount of $200,000.00, which
has become due and owing pursuant to the sale of real property located at 185 Bishops Lane,
Southampton, New York 11938 (the "Commission").
2. Each of the Interpleader-Defendants have made conflicting demands upon
Plaintiff for the payment and delivery of the Commission.
3. Plaintiff is unable to determine to the validity of the conflicting demands and
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positions taken by the Interpleader-Defendants, is unable to reconcile these competing positions,
and cannot make a payment or delivery of the Commission at issue without the risk of potential
liability from the adverse claimant.
4. Plaintiff has initiated this interpleader action pursuant to CPLR §1006 in order
to protect itself from multiple adverse claims and to permit the Commission to be issued and
distributed as directed by the Court.
5. Among other things, Plaintiff seeks a judgment requiring the competing
claimants to interplead each other concerning their claims to the Commission, discharging
Plaintiff from any liability to any of the Interpleader-Defendants for the sums described
herein, providing Plaintiff with injunctive relief from claims by the Interpleader-Defendants
against the Commission pending resolution of this interpleader action, permitting Plaintiff to
either pay the total amount of the Commission into Court or retain it to the credit of this
action, and awarding Plaintiff its costs, disbursements and reasonable attorney's fees incurred in
connection with this action to be distributed from the Commission at issue.
PARTES
6. Plaintiff is a New York Professional Limited Liability Company engaged in the
provision of professional legal services that is, and at all relevant time was, licensed and
authorized to conduct business in the State of New York maintaining an office at 3 Breeze Hill
Rd., East Hampton, New York 11937.
7. Upon information and belief, DE is a Delaware corporation that provides real
estate brokerage services in New York and elsewhere with its principal place of business located
at 4400 Biscayne Boulevard, Miami, FL 33137.
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8. Upon information and belief, NS is a New York Limited Liability Company that
provides real estate brokerage services in New York and elsewhere with a principal place of
business located at 505 Park Avenue, New York, NY 10022.
.IURISDICTION AND VENUE
9. Pursuant to CPLR § 1006 as well as other statutory and common law bases, this
Court has jurisdiction over the subject matter of this action.
10. Pursuant to CPLR §§ 301, 302(a)(1) and 302(a)(4), as well as other statutory,
constitutional and common law bases, this Court has personal jurisdiction over the
Interpleader-Defendants because, for example, Interpleader-Defendants each maintain offices
within the State of New York and each transact business within the State of New York.
11. Venue is proper in this County under CPLR §§503 and 509 because Plaintiff
has designated it and further maintains an office herein.
FACTUAL BACKGROUND
12. Plaintiff represented the seller of real property located at 185 Bishops Lane,
Southampton, New York (the "Property").
13. Seller entered into an agreement to pay a commission on the sale of the
Property.
14. Interpleader-Defendants dispute the respective amounts of the commission to
which they claim they are entitled.
15. Accordingly, Plaintiff continued to hold the Commission in its escrow
account after the closing.
16. Interpleader-Defendants continued to dispute the respective amounts of the
Commission to which they were entitled.
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17. Plaintiff filed the instant action to enable the Interpleader-
Accordingly,
Defendants to obtain a judicial resolution of their dispute and to discharge Plaintiff from any
liability to any of the Interpleader-Defendants for the sums described herein, provide Plaintiff
with injunctive relief from claims by the Interpleader-Defendants against the Commission
pending resolution of this interpleader action, permit Plaintiff to either pay the total amount
of the Commission into Court or retain it to the credit of this action, and award Plaintiff its
costs, disbursements and reasonable attorney's fees incurred in connection with this action to be
distributed from the Commission.
18. Plaintiff does not have of contract with either of the Interpleader-
privity
Defendants.
19. Plaintiff claims no interest in the Commission.
20. Interpleader-Defendants have made conflicting demands upon Plaintiff to the
Commission as alleged herein.
21. Plaintiff is unable to determine the validity of the conflicting demands and
positions taken by the Interpleader-Defendants.
22. Plaintiff is unable to determine to which of the Interpleader-Defendants the
Commission belongs without the risk of potential liability from the adverse claimant(s).
23. Plaintiff is ready, willing and able to pay the Commission to whichever
Interpleader-Defendant(s) the Court adjudges is entitled thereto, or to pay the money into
Court, or retain it for the credit of this action, pending the Court's determination.
AS AND FOR A FIRST CAUSE OF ACTION
(Interpleader Relief)
24. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1
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through 23 above as though fully and specifically set forth herein.
25. Plaintiff is a disinterested stakeholder in the outcome of the dispute(s)
between the Interpleader-Defendants as to entitlement to the Commission.
26. Plaintiff faces conflicting claims with respect to the Commission, thereby
potentially exposing Plaintiff to multiple liability to adverse claimants.
27. Based on the foregoing, the Interpleader-Defendants should be required to
interplead each other concerning their claims to the Commission without participation by
Plaintiff.
28. Interpleader-Defendants further should be restrained and enjoined from
commencing any actions against Plaintiff related to the Commission.
29. Plaintiff is entitled to a discharge from further liability to any of the
Interpleader-Defendants with respect to the Commission upon payment of same into Court
or as otherwise directed by the Court.
AS AND FOR A SECOND CAUSE OF ACTION
(Reimbursement)
30. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1
through 29 above as though fully and specifically set forth herein.
Interpleader-Defendants'
31. As a result of inability to agree upon appropriate
apportionment of the and the positions taken Interpleader-
Commission, conflicting by
Defendants, Plaintiff has been compelled to commence the present interpleader action.
32. Plaintiff has filed this interpleader action pursuant to CPLR §1006 in order to
protect itself from multiple adverse claims and to permit the Commission to be issued and
distributed as directed by the Court.
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33. Pursuant to CPLR §1006(f), Plaintiff is entitled to an award for the expenses,
costs and disbursements, and reasonable attorney's fees that it incurred in connection with
this action to be paid from the Commission.
WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment as follows:
(a) Requiring Interpleader-Defendants to interplead each other concerning their claims
to the Commission;
(b) Restraining and enjoining Interpleader-Defendants from commencing any
action(s) against Plaintiff related to the Commission;
(c) Permitting Plaintiff to pay the Commission into Court, or to retain such sum to the
credit of this action, and upon such payment into Court or retention as the Court
may direct, that Plaintiff be discharged from further liability to any of the
Interpleader- Defendants with respect to the Commission;
(d) Awarding Plaintiff its costs, disbursements, and reasonable attorney's fees incurred
in connection with this action and directing that the same be distributed to Plaintiff
from the Commission;
(e) Awarding Plaintiff such other and further relief as the Court deems just and proper.
Dated: March 28, 2022
East Hampton, New York
. moth c uliffe, JE,Esq.
McAULIFFE LAW, PLLC
Attorneys for Plainhff
3 Breeze Hill Rd.
East Hampton, New York 11937
(917) 825-5138
tim@outeastlaw. com
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TO: Andrew M. Lieb, Esq.
Lieb At Law, P.C.
Attorneys for Defendant Douglas Elliman, Inc.
308 West Main Street, Suite 100
Smithtown, NY 11787
(646) 216-8009
andrew@liebatlaw.com
Richard B. Feldman, Esq.
Rosenberg Feldman Smith, LLP
Attorneys for Nest Seekers International LLC
520 White Plains Road, Suite 500
Tarrytown, NY 10591
(212) 682-3454
rfeldman@rfs-law.com
7
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Preview
FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____________________________________________________________________Ç MCAULIFFE LAW, PLLC, Index. No.: Plaintiff, SUMMONS --against-- DOUGLAS ELLIMAN INC. and NESTSEEKERS INTERNATIONAL LLC, Defendants. -------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to serve upon Plaintiff's attorney an answer to the Complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint Dated: March 28, 2022 East Hampton, New York imothy McAuliffe, Jr., Esq. McAULIFFE LAW, PLLC Attorneys for Plaintiff 3 Breeze Hill Rd. East Hampton, New York 11937 (917) 825-5138 tim@outeastlaw.com 1 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 TO: Andrew M. Lieb, Esq. Lieb At Law, P.C. Attorneys for Defendant Douglas Elliman, Inc. 308 West Main Street, Suite 100 Smithtown, NY 11787 (646) 216-8009 andrew@liebatlaw.com Richard B. Feldman, Esq. Rosenberg Feldman Smith, LLP Attorneys for Nest Seekers International LLC 520 White Plains Road, Suite 500 Tarrytown, NY 10591 (212) 682-3454 rfeldman@rfs-law.com 2 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____________________________ __________________________________x MCAULIFFE LAW, PLLC, Index. No.: Plaintiff, COMPLAINT IN --against-- INTERPLEADER DOUGLAS ELLIMAN INC. and NESTSEEKERS INTERNATIONAL LLC, Defendants. ------------------------------------------------X Interpleader-Plaintiff, MCAULIFFE LAW, PLLC, by its attorneys, McAuliffe Law, as and for its Complaint in Interpleader (the against Interpleader- PLLC, "Complaint") Defendants DOUGLAS ELLIMAN INC. ("DE") and NESTSEEKERS INTERNATIONAL LLC "Interpleader-Defendants" ("NS") (collectively referred to herein as the or "claimants"), alleges as follows: TNTRODIICTION 1. This is a civil action for interpleader brought pursuant to section 1006 of the Civil Practice Law and Rules (the "CPLR") in which Plaintiff is a disinterested stakeholder who faces competing and conflicting demands from Interpleader-Defendants for the payment and delivery of a real estate brokerage commission in the total amount of $200,000.00, which has become due and owing pursuant to the sale of real property located at 185 Bishops Lane, Southampton, New York 11938 (the "Commission"). 2. Each of the Interpleader-Defendants have made conflicting demands upon Plaintiff for the payment and delivery of the Commission. 3. Plaintiff is unable to determine to the validity of the conflicting demands and 1 3 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 positions taken by the Interpleader-Defendants, is unable to reconcile these competing positions, and cannot make a payment or delivery of the Commission at issue without the risk of potential liability from the adverse claimant. 4. Plaintiff has initiated this interpleader action pursuant to CPLR §1006 in order to protect itself from multiple adverse claims and to permit the Commission to be issued and distributed as directed by the Court. 5. Among other things, Plaintiff seeks a judgment requiring the competing claimants to interplead each other concerning their claims to the Commission, discharging Plaintiff from any liability to any of the Interpleader-Defendants for the sums described herein, providing Plaintiff with injunctive relief from claims by the Interpleader-Defendants against the Commission pending resolution of this interpleader action, permitting Plaintiff to either pay the total amount of the Commission into Court or retain it to the credit of this action, and awarding Plaintiff its costs, disbursements and reasonable attorney's fees incurred in connection with this action to be distributed from the Commission at issue. PARTES 6. Plaintiff is a New York Professional Limited Liability Company engaged in the provision of professional legal services that is, and at all relevant time was, licensed and authorized to conduct business in the State of New York maintaining an office at 3 Breeze Hill Rd., East Hampton, New York 11937. 7. Upon information and belief, DE is a Delaware corporation that provides real estate brokerage services in New York and elsewhere with its principal place of business located at 4400 Biscayne Boulevard, Miami, FL 33137. 2 4 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 8. Upon information and belief, NS is a New York Limited Liability Company that provides real estate brokerage services in New York and elsewhere with a principal place of business located at 505 Park Avenue, New York, NY 10022. .IURISDICTION AND VENUE 9. Pursuant to CPLR § 1006 as well as other statutory and common law bases, this Court has jurisdiction over the subject matter of this action. 10. Pursuant to CPLR §§ 301, 302(a)(1) and 302(a)(4), as well as other statutory, constitutional and common law bases, this Court has personal jurisdiction over the Interpleader-Defendants because, for example, Interpleader-Defendants each maintain offices within the State of New York and each transact business within the State of New York. 11. Venue is proper in this County under CPLR §§503 and 509 because Plaintiff has designated it and further maintains an office herein. FACTUAL BACKGROUND 12. Plaintiff represented the seller of real property located at 185 Bishops Lane, Southampton, New York (the "Property"). 13. Seller entered into an agreement to pay a commission on the sale of the Property. 14. Interpleader-Defendants dispute the respective amounts of the commission to which they claim they are entitled. 15. Accordingly, Plaintiff continued to hold the Commission in its escrow account after the closing. 16. Interpleader-Defendants continued to dispute the respective amounts of the Commission to which they were entitled. 3 5 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 17. Plaintiff filed the instant action to enable the Interpleader- Accordingly, Defendants to obtain a judicial resolution of their dispute and to discharge Plaintiff from any liability to any of the Interpleader-Defendants for the sums described herein, provide Plaintiff with injunctive relief from claims by the Interpleader-Defendants against the Commission pending resolution of this interpleader action, permit Plaintiff to either pay the total amount of the Commission into Court or retain it to the credit of this action, and award Plaintiff its costs, disbursements and reasonable attorney's fees incurred in connection with this action to be distributed from the Commission. 18. Plaintiff does not have of contract with either of the Interpleader- privity Defendants. 19. Plaintiff claims no interest in the Commission. 20. Interpleader-Defendants have made conflicting demands upon Plaintiff to the Commission as alleged herein. 21. Plaintiff is unable to determine the validity of the conflicting demands and positions taken by the Interpleader-Defendants. 22. Plaintiff is unable to determine to which of the Interpleader-Defendants the Commission belongs without the risk of potential liability from the adverse claimant(s). 23. Plaintiff is ready, willing and able to pay the Commission to whichever Interpleader-Defendant(s) the Court adjudges is entitled thereto, or to pay the money into Court, or retain it for the credit of this action, pending the Court's determination. AS AND FOR A FIRST CAUSE OF ACTION (Interpleader Relief) 24. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1 4 6 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 through 23 above as though fully and specifically set forth herein. 25. Plaintiff is a disinterested stakeholder in the outcome of the dispute(s) between the Interpleader-Defendants as to entitlement to the Commission. 26. Plaintiff faces conflicting claims with respect to the Commission, thereby potentially exposing Plaintiff to multiple liability to adverse claimants. 27. Based on the foregoing, the Interpleader-Defendants should be required to interplead each other concerning their claims to the Commission without participation by Plaintiff. 28. Interpleader-Defendants further should be restrained and enjoined from commencing any actions against Plaintiff related to the Commission. 29. Plaintiff is entitled to a discharge from further liability to any of the Interpleader-Defendants with respect to the Commission upon payment of same into Court or as otherwise directed by the Court. AS AND FOR A SECOND CAUSE OF ACTION (Reimbursement) 30. Plaintiff repeats and re-alleges each of the allegations set forth in Paragraphs 1 through 29 above as though fully and specifically set forth herein. Interpleader-Defendants' 31. As a result of inability to agree upon appropriate apportionment of the and the positions taken Interpleader- Commission, conflicting by Defendants, Plaintiff has been compelled to commence the present interpleader action. 32. Plaintiff has filed this interpleader action pursuant to CPLR §1006 in order to protect itself from multiple adverse claims and to permit the Commission to be issued and distributed as directed by the Court. 5 7 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 33. Pursuant to CPLR §1006(f), Plaintiff is entitled to an award for the expenses, costs and disbursements, and reasonable attorney's fees that it incurred in connection with this action to be paid from the Commission. WHEREFORE, Plaintiff respectfully requests that the Court enter a judgment as follows: (a) Requiring Interpleader-Defendants to interplead each other concerning their claims to the Commission; (b) Restraining and enjoining Interpleader-Defendants from commencing any action(s) against Plaintiff related to the Commission; (c) Permitting Plaintiff to pay the Commission into Court, or to retain such sum to the credit of this action, and upon such payment into Court or retention as the Court may direct, that Plaintiff be discharged from further liability to any of the Interpleader- Defendants with respect to the Commission; (d) Awarding Plaintiff its costs, disbursements, and reasonable attorney's fees incurred in connection with this action and directing that the same be distributed to Plaintiff from the Commission; (e) Awarding Plaintiff such other and further relief as the Court deems just and proper. Dated: March 28, 2022 East Hampton, New York . moth c uliffe, JE,Esq. McAULIFFE LAW, PLLC Attorneys for Plainhff 3 Breeze Hill Rd. East Hampton, New York 11937 (917) 825-5138 tim@outeastlaw. com 6 8 of 9 FILED: SUFFOLK COUNTY CLERK 03/28/2022 01:51 PM INDEX NO. 605747/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2022 TO: Andrew M. Lieb, Esq. Lieb At Law, P.C. Attorneys for Defendant Douglas Elliman, Inc. 308 West Main Street, Suite 100 Smithtown, NY 11787 (646) 216-8009 andrew@liebatlaw.com Richard B. Feldman, Esq. Rosenberg Feldman Smith, LLP Attorneys for Nest Seekers International LLC 520 White Plains Road, Suite 500 Tarrytown, NY 10591 (212) 682-3454 rfeldman@rfs-law.com 7 9 of 9