Trevor Whittingham v. Mark Tress, a/k/a Moishe Tress, et al.

New York City, New York business litigation lawyers represented the parties on a breach of contract case.

Trevor Whittingham ("Plaintiff” or "Whittingham”) initially brought this action along with former plaintiffs 2201 7th Avenue Realty LLC ("2201 LLC”) and Global Investment Strategies Trust ("Global”). (Compl. ¶ 1; see also Doc. 7, Aug. 18, 2023 order dismissing 2201 LLC and Global as plaintiffs.)[2] 2201 LLC and Global were defendants in the 2010 action Harlem Contracting, LLC v. 2201 7th Avenue Realty LLC, et al., Index No. 102131/2010 in the Supreme Court of the State of New York, County of New York (the "Underlying Action”). (Compl. ¶¶ 7-23; see also Doc. 1-3, Ex. Y, at 34-44 (June 1, 2021 Decision and Order of Justice Melissa Crane in the Underlying Action (the "Decision”)); see also Bhat Decl., Doc. 17-1, Ex. A.)[3] The Underlying Action arose because 2201 LLC failed to fully pay its contractors for labor and construction services on a condominium development project on a property in Harlem, New York (the "Property”).[4] (Compl. ¶¶ 11-12, 40, 45, 52, 6574; see also Decision 2; see also State Defs. Mem. 2-3.)[5] Defendant Galaxy General Contracting Corp. ("Galaxy”), the general contractor, filed a mechanic's lien against the Property and subsequently filed the Underlying Action to foreclose on the Property. (Compl. ¶¶ 11, 14, 40; see also Decision 2; see also State Defs. Mem. 2-3; see also Loeb Defs. Mem. 1.)[6] Galaxy moved for a default judgment against certain defendants, including 2201 LLC. (Decision 2; see also State Defs. Mem. 3.)...

Motion to dismiss granted.