Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kossoff v. Felberbaum

United States District Court, S.D. New York

March 15, 2017

MITCHELL H. KOSSOFF, Plaintiff,
v.
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 Essner, Esq.

          OPINION

          ROBERT W. SWEET U.S.D.J.

         Defendants Rickey Felberbaum and Florida Foreclosure Attorneys, PLLC ("Defendants") have moved in limine to:

1. Disqualify Plaintiff's proposed expert witness, Ronald Quintero ("Quintero");
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 exhibits.

         For the reasons stated below, Defendants' motions are granted in part and denied in part.

         I. Prior Proceedings

         This is 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.

         The instant motions in limine were heard and marked fully submitted on November 3, 2016.

         II. The In Limine Motions

         1. Admissibil ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.