Nesbeth v. New York City Management LLC et al
Filing 120
MEMORANDUM OPINION AND ORDER. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the motions to dismiss fil ed by the Besen defendants, Hamilton Heights defendants, and Aimco defendants are granted. The plaintiff's complaint is dismissed without prejudice with respect to the Besen defendants and the Hamilton Heights defendants and dismissed with preju dice with respect to the Aimco defendants. The complaint is also dismissed without prejudice with respect to the City Management defendants. The plaintiff's request for sanctions is denied. The Aimco defendants' motion for sanctions is also denied. The plaintiff may take Rule 30(b) (6) depositions of the relevant Besen defendants and Hamilton Heights defendants to determine whether any of the entities in this case do not exist and to determine which defendants are allegedly liable for the actions about which the plaintiff complains. The Rule 30(b) (6) depositions must be completed within thirty (30) days of the date of this opinion. The plaintiff must then file his amended complaint within fifteen (15) days of completing his Rule 30(b) (6) depositions, and, in any event, within forty-five (45) days of the date of this opinion. The Clerk is directed to close all pending motions. SO ORDERED., (Michael Besen, Michael Besen (Jointly), Besen & Associates Inc., Besen Capital LLC , Besen Group Investment Realty, Besen Residential LLC, Besen Retail LLC, Nancy Black (Jointly), Nancy Black, City Property Management, City Property Management & Development, Inc., Sanjay Gandhi (Jointly), Sanjay Gandhi, Hamilton Heights, Hamilton Heights Associates LP, Hamilton Heights Cluster Associates, L.P., Hamilton Heights Clusters, New York City Management LLC, New York City Property Management LLC, Simsi Advisors, Inc., AIMCO and Aimco, Inc. terminated.) (Signed by Judge John G. Koeltl on 1/4/19) (yv)
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