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Teddy Volkswagen of the Bronx LLC v. Demersky

Dealership Granted Judgment on Former General Manager's Abuse-of-Process Claim

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OPINION & ORDER   Plaintiff Teddy Volkswagen of the Bronx, LLC (the Dealership) brings this action against its former employee, Phillip Demersky, for purported misappropriation of its funds. Defendant has filed a counterclaim for abuse of process, a tort under New York law. The Dealership has moved for judgment on the pleadings as to this counterclaim. For the reasons that follow, Plaintiff’s motion is GRANTED. I. BACKGROUND Plaintiff Teddy Volkswagen of the Bronx, LLC owns and operates a car dealership in the Bronx. Complaint, Dkt. No. 1, 6. The Defendant, Phillip Demersky, was “employed by the Plaintiff as a general manager” until about July 2018. Id. 7. The Dealership alleges that after Demersky left its employ, it discovered that he had been involved in a slew of fraudulent practices resulting in the misappropriation of its funds. For example, Plaintiff claims that “the Dealership uncovered approximately fifty (50) vehicle purchases in which maintenance contracts were sold but were never ‘booked in’ to the deal, resulting in the customer’s receipt of a benefit for which the Dealership received no compensation for.” Id. 9. The improper sale of these contracts damaged Plaintiff twice-over — the Dealership never received any compensation for the contract in the first place, and it now has to perform and fulfill these customers’ maintenance requests anyway. Id. 11. Plaintiff also alleges that Defendant logged onto its “computer system without authorization after his separation from employment” and directed the deposit of “Dealer Cash” into an “account other than the Dealership’s.” Id.

12-14. And the Dealership alleges that Defendant “paid bills for his father’s body shop through the Dealership by submitting invoices for work that was never performed on behalf of the Dealership.” Id.

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