Legal Opinion

Endico v. Fonte

District Court, S.D. New York

Decided April 24, 2007No. 07 Civ. 2398(LAK)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Plaintiff Michael Endico brings this action in his own right and derivatively on behalf of 9 South First Avenue Associates, LLC (“9 South”) against Mark and William Fonte and two entities they control, ME Development Group, LLC, and Trifont Realty, LLC. The gist of the claim is that the Fontes fraudulently induced Endi-co to transfer to them a two-thirds interest in 9 South, which Endico previously had owned entirely, without paying him for it and then looted and otherwise wasted its assets. The sole alleged basis of federal jurisdiction is a…

2Cases cited17 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  4. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  5. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946

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3Cited by3 opinions

  1. Champions League, Inc. v. WoodardDistrict Court, S.D. New York · 2016
  2. Rocky Aspen Management 204 LLC v. Hanford Holdings LLCDistrict Court, S.D. New York · 2017
  3. Forefront Management, LLC v. Vergilis-KalnerDistrict Court, S.D. New York · 2025

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