Corbin et al v. Wilson

Filing 10

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS for 5 Motion for Default Judgment filed by Anthony Corbin, Eva Corbin, Nicole Corbin. The court GRANTS Plaintiffs' motion for default judgment against Defendant, and awards Plaintiffs $348,000 in damages against Defendant, and post-judgment interest under 28 U.S.C.§1961. So Ordered by Judge Nicholas G. Garaufis on 9/16/2011. (fwd'd for jgm) (Lee, Tiffeny)

U.S.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ANTHONY CORBIN, EVA CORBIN, and NICOLE
CORBIN,
Plaintiffs,

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DISTRICT
COU

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SEP \ 9 201\

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BROOKLYN OfFICE
ORDER
10-CV-3156 (NGG) (RER)

-againstSTANLEY EUSTACE WILSON, individually and
d/b/a The Law Offices of Stanley Wilson d/b/a S & W
Empowered, LLC,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.
On July 9, 2010, Plaintiffs Anthony, Eva, and Nicole Cobin (collectively, the "Corbins")
filed a Complaint against Defendant Stanley Eustace Wilson, doing business as The Law Office of
Stanley Wilson, doing business as S & W Empowered, LLC ("Wilson") alleging a number of state
law theories of fraud arising from Wilson's sale of real property to the Corbins to which he did not
have title. 1 (Docket Entry # 1.) Wilson did not answer or otherwise defendant the action and, on
April 12, 2011, the Clerk of Court entered a notation of default against Wilson. (Docket Entry
Apr. 12, 2011.) The Corbins moved for default judgment against Wilson (Docket Entry# 5) and
the court referred the motion to Magistrate Judge Ramon E. Reyes, Jr. for report and
recommendation (Docket Entry# July 7, 2011). In his Report and Recommendation ("R&R"),
Judge Reyes concluded that Wilson was liable to the Corbins under New York General Business
Law § 349 for $174,000, the amount the Corbins paid to Wilson. (R&R (Docket Entry# 8) at
8-11.) Judge Reyes also concluded that the Corbins were entitled to $174,000 in punitive

1

Stanley Eustace Wilson has since been disbarred from practicing law in New York. In re Wilson, 28 A.D.3d 99 (2d
Dep't 2006).

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damages, but not entitled to attorneys' fees. (ld.) The Corbins served a copy of the R&R on
Wilson on September 2, 2011. (Docket Entry# 9.)
No party has objected to Judge Reyes's R&R, and the time to do so has passed. See Fed.

R. Civ. P. 72(b)(2). Having reviewed Judge Reyes's thoroughly reasoned R&R, the court adopts
it in its entirety. See Porter v. Potter, 219 F. App'x 112, 113 (2d Cir. 2007). Accordingly, the
court GRANTS Plaintiffs' motion for default judgment against Defendant, and awards Plaintiffs
$348,000 in damages against Defendant, and post-judgment interest under 28 U.S.C. § 1961.
SO ORDERED.

s/Nicholas G. Garaufis
Dated: Brooklyn, New York
September 111 , 201 0

NICHOLAS G. GARAUFIS
United States District Judge

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