District Judge Richard J. Sullivan

 

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In 2011 NMD Interactive—which does business as “Streeteasy.com”—sued Chertok, one of its founders, under various claims including breach of fiduciary duty and cybersquatting. Suit was dismissed pursuant to a 2012 settlement. After Chertok sought the settlement’s vacatur under FRCP 60(b) as obtained through fraud, NMD sought to compel compliance with the settlement and Rule 11 sanctions based on misrepresentations Chertok made about the settlement. On March 18, 2013 the court granted NMD enforcement and sanctions. Chertok did not appeal denial of his Rule 60(b) motion. After Second Circuit partly reversed the sanctions order, the court’s May 19, 2015 order imposed a reduced sanctions award of $19,192 against Chertok. On June 7, 2016 Second Circuit affirmed the sanction. District court’s June 16, 2016 order denied his claim that NMD’s counsel had defrauded the court in prior submission. District court denied Chertok reconsideration of its June 16, 2016 order. Denial of Chertok’s contemplated so-called “SDNY Motion” was warranted in light of Second Circuit’s June 2016 summary order affirming the $19,192 sanction and finding that Chertok did not present clear, convincing evidence of fraud on the court by NMD.

District Judge Richard J. Sullivan

 

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In 2011 NMD Interactive—which does business as “Streeteasy.com”—sued Chertok, one of its founders, under various claims including breach of fiduciary duty and cybersquatting. Suit was dismissed pursuant to a 2012 settlement. After Chertok sought the settlement’s vacatur under FRCP 60(b) as obtained through fraud, NMD sought to compel compliance with the settlement and Rule 11 sanctions based on misrepresentations Chertok made about the settlement. On March 18, 2013 the court granted NMD enforcement and sanctions. Chertok did not appeal denial of his Rule 60(b) motion. After Second Circuit partly reversed the sanctions order, the court’s May 19, 2015 order imposed a reduced sanctions award of $19,192 against Chertok. On June 7, 2016 Second Circuit affirmed the sanction. District court’s June 16, 2016 order denied his claim that NMD’s counsel had defrauded the court in prior submission. District court denied Chertok reconsideration of its June 16, 2016 order. Denial of Chertok’s contemplated so-called “SDNY Motion” was warranted in light of Second Circuit’s June 2016 summary order affirming the $19,192 sanction and finding that Chertok did not present clear, convincing evidence of fraud on the court by NMD.