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GIULIANO v. GAWRYLEWSKI

654215/2012.

2013 NY Slip Op 51088(U)

ALFRED THOMAS GIULIANO, CHAPTER 7 TRUSTEE, C/B/O NEC HOLDINGS CORP., and JOAN LEVY, DIRECTLY, Plaintiffs, v. STEPHEN GAWRYLEWSKI, DENISE F. UNGAR STERN, LESLIE F. STERN, RITA L. UNGAR MOSER, NATHAN F. MOSER, and LOUGHLIN MANAGEMENT PARTNERS + CO., Defendants.

Supreme Court, New York County.

Decided June 27, 2013.

Attorney(s) appearing for the Case

Milberg LLP (Matthew Gluck and Leigh Smith, of counsel) for Plaintiffs.

Akin Gump Strauss Hauer & Feld LLP (Abid Qureshi, Sunish Gulati and Elizabeth Young, of counsel) for Defendant Stephen Gawrylewski.

Dewey Pegno & Kramarsky LLP (Ariel P. Cannon, of counsel) for Defendants Denise Ungar Stern and Leslie F. Stern.

Kaye Scholer LLP (Jeffrey A. Fuisz, of counsel) for Defendants Rita Ungar Moser and Nathan F. Moser.

Mound Cotton Wollan & Greengrass (Kenneth M. Labbate and Sanjit Shah, of counsel) for Defendant Loughlin Management Partners + Co.

O. PETER SHERWOOD, J.

Before the court are three motions to dismiss the complaint in this action arising from the Chapter 7 bankruptcy filing of NEC Holdings Corp. ("NEC" or the "Company"). As these are motions to dismiss, the allegations are taken from the complaint and are assumed to be true (see Morone v Morone, 50 N.Y.2d 481, 484 [1980]).

Plaintiff Alfred Thomas Giuliano is the Chapter 7 Trustee ("Trustee...

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