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Meisels v. Meisels

Defendant Defeating Jurisdiction Removed; Defenses Struck to Extent Based on Illusory Pact

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MEMORANDUM & ORDER Plaintiff Minia Meisels, a British citizen residing in London, brings this action for monetary and injunctive relief against three relatives: her sons Henry and Jacob, and Henry’s son Joel. She alleges, among other things, that Henry and Joel have taken control of certain Brooklygn properties that are rightly hers and converted the rental income from those buildings to their own use. Her complaint asserts causes of action for breach of fiduciary duty and conversion and seeks the appointment of a receiver, injunctive relief, and an accounting. Plaintiff now moves for partial judgment on the pleadings under Federal Rule of Civil Procedure 12(c). She seeks a declaration that the contract pursuant to which Henry and Joel purportedly obtained the properties is void, and asks the Court to dismiss three of their affirmative defenses that are “based on” on that agreement. Plaintiff’s Motion at 2, ECF No. 74. One of the three defendants — Jacob — has sided with Plaintiff throughout this litigation, despite appearing on the other side of the caption. He now brings cross-claims against Henry for indemnification and contribution for costs incurred in defending this action, as a well as for declaratory relief (against Henry and Joel) regarding ownership of the properties. Jacob Meisels’s Answer

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