Legal Opinion

Ocelot Capital Management, LLC v. Hershkovitz

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2011PublishedCited by 4 opinions

1Opinion of the Court

These actions involve a dispute between inter-related corporate entities regarding whether certain assets of one corporate entity, OPH, sold to action 1 and action 2 defendant Hershkovitz, produced more than one promissory note from Hershkovitz for $350,000. OCM and ETL each allege they possess an original promissory note from Hershkovitz, made out in the amount of $350,000. Hershkovitz averred that he made out only one note for $350,000, and he did not challenge the validity of the notes allegedly possessed by either OCM or ETL. ETL’s subsidiary, ETI, held an 80% equity stake in OPH.

The…

2Cases cited5 opinions

  1. East Side Car v. K.R.K. Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Peterson v. CorbinAppellate Division of the Supreme Court of the State of New York · 2000
  3. Callisto Pharmaceutical, Inc. v. PickerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Wandel v. EisenbergAppellate Division of the Supreme Court of the State of New York · 2009
  5. Moonstone Judge, LLC v. ShainwaldAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. Taylor v. WynkoopAppellate Division of the Supreme Court of the State of New York · 2015
  2. Barone v. SowersAppellate Division of the Supreme Court of the State of New York · 2015
  3. 477 Realty, L.L.C. v. Wing Soho, LLCAppellate Division of the Supreme Court of the State of New York · 2025
  4. Atlas MF Mezzanine Borrower, LLC v. Macquarie Tex. Loan Holder LLCAppellate Division of the Supreme Court of the State of New York · 2019

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