On August 17, 2022, Gregory O. Tuttle of Tuttle Yick LLP prevailed on a motion to dismiss all claims and vacated notices of pendency filed against its clients’ properties.
Tuttle Yick LLP represents 1428 Fulton St LLC and Fulton Street Holdngs LLC, two defendants in a sprawling fraud and RICO action brought by a group of eighteen plaintiffs. The plaintiffs allege that other defendants engaged in a criminal and fraudulent enterprise that defrauded plaintiffs out of millions of dollars and sought a constructive trust against the Fulton Defendants’ interests.
Judge Buchwald, from the Southern District of New York, granted 1428 Fulton St LLC and Fulton Street Holdngs LLC’s motion to dismiss and vacated the notices of pendency against their properties on the grounds that all Plaintiffs’ claims are “rooted” in conversion and therefore subject to New York’s three-year statute of limitations.