United States District Court, S.D. New York
MITCHELL H. KOSSOFF, Plaintiff,
RICKY FELBERBAUM and FLORIDA FORECLOSURE ATTORNEYS, PLLC, Defendants.
Attorneys for Plaintiff EISEMAN LEVINE LEHRHAUPT &
KAKOYIANNIS, P.C. By: Eric R. Levine, Esq.
Attorneys for Defendant SHEARER & ESSNER, LLP By: Howard
W. SWEET U.S.D.J.
Rickey Felberbaum and Florida Foreclosure Attorneys, PLLC
("Defendants") have moved in limine to:
1. Disqualify Plaintiff's proposed expert witness, Ronald
2. Preclude Susan Ulseth ("Ulseth") from testifying
since she was not designated as an expert witness;
3. Prevent Plaintiff from claiming he owes any less than
$500, 000 on the note;
4. Compel Plaintiff to produce the exact Bates numbers of his
proposed trial exhibits instead of designating composite
reasons stated below, Defendants' motions are granted in
part and denied in part.
contract action for unjust enrichment for services provided
and a counterclaim for payment under a note. The Court
assumes familiarity with its prior opinions including a
motion to dismiss opinion issued on May 7, 2014 granting and
part and denying in part Defendants' motion to dismiss
(only allowing the unjust enrichment claims to proceed) and
two motions for summary judgment on April 1, 2016 and
September 9, 2016 finding that material issues of fact
precluded summary judgment on the issues of unjust enrichment
and the outstanding balance of the note.
instant motions in limine were heard and marked
fully submitted on November 3, 2016.
The In Limine Motions