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Eia Inc., Electronic Interface Associates, Inc., Eia Datacom, Inc., Eia Electric, Inc., George Engel Lic, Llc, George Engel, Yolanda V. Del Prado, Matthew Orent, Alexandra Engel v. Mandelbaum Barrett Pc, Jeffrey Rosenthal, William Barrett, Richard S…

A Commercial - Other - Commercial Division (Legal Malpractice) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Jennifer G. Schecter presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

October 27, 2023

Last Refreshed

January 29, 2024

Filing Location

New York County, NY

Judge

Hon. Jennifer G. Schecter Trellis Spinner 👉 Discover key insights by exploring more analytics for Jennifer G. Schecter   

Category

Commercial - Other - Commercial Division (Legal Malpractice)

Practice Area

Commercial

Matter Type

General Commercial

Overview

These claims arise out of Defendants’ failure to exercise the ordinary reasonable

skill and knowledge commonly possessed by a member of the legal profession.

Defendants’ deviation from the standard of care proximately caused Plaintiffs to

suffer actual and ascertainable damages.

Defendants initiated and orchestrated a deal to the advantage of their favored

clients, White Oak Commercial Finance, LLC and/or White Oak Business Capital, Inc.

(collectively “White Oak”), and to the detriment of their other longstanding clients, the Borrowers.

White Oak took complete control over the Borrowers’ business and duped the

Borrowers and the Guarantors into believing that White Oak intended to continue providing

financing to ease the Borrowers’ cashflow problem as a quid pro quo for additional security and

collateral. The truth is that White Oak never intended to provide the necessary funding to maintain

the Borrowers as a going concern, and instead intended to terminate its lending relationship with

the Borrowers as soon as White Oak could swindle Guarantors into furnishing additional collateral

and guarantees. White Oak defrauded the Borrowers and Guarantors into believing that it would

forbear exercising default remedies under the contract and continue to finance the Borrowers’

cashflow needs, so that White Oak could induce the Guarantors to pledge additional collateral to

guarantee advances from White Oak, and dominate the day-to-day and strategic decision making

of the Borrowers, all to advance White Oak’s position and to impair the ability of the Borrowers

to continue as a going concern and to the detriment of the Borrowers’ employees, shareholders,

clients and creditors.

White Oak’s swindle of the Borrowers and Guarantors was aided and abetted by

the actions of Defendants. Due to Defendants’ concurrent representation of both the Borrowers

Causes of Action

COUNT I – LEGAL MALPRACTICE The Borrowers & Guarantors v. Defendants

COUNT II – VIOLATION OF JUDICIARY LAW § 487 The Borrowers & Guarantors v. Defendants

COUNT III - BREACH OF CONTRACT Engel LIC, LLC v. Mandelbaum

COUNT IV –CONVERSION Engel LIC, LLC v. Mandelbaum

Case Complaint Summary

This complaint was filed in the Supreme Court of the State of New York, New York County. The plaintiffs in this case are EIA Inc., Electronic Interface Associates, Inc., EIA Datacom, Inc., EIA Electric, Inc., George Engel LIC, LLC, George Engel, …...

Parties

Plaintiffs

Alexandra Engel
Eia Datacom, Inc.
Eia Electric, Inc.
Eia Inc.
Electronic Interface Associates, Inc.
George Engel
George Engel Lic, Llc
Matthew Orent
Yolanda V. Del Prado

Attorneys for Plaintiffs

Montoya, Ana Marcela

Defendants

Jeffrey Rosenthal
Mandelbaum Barrett Pc
Richard Simon
William Barrett

Attorneys for Defendants

Fierstein, Jenna Lyn
Flanagan, Matthew K

Case Documents

Case Events

Type Description
EXHIBIT(S) - D Ex. D - Emails between del Prado and Personal Counsel James G. Aaron, Esq. Sent By del Prado to Rose
Ex. D - Emails between del Prado and Personal Counsel James G. Aaron, Esq. Sent By del Prado to Rose ... show more
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION *Corrected* Affirmation of Matthew K. Flanagan dated January 16, 2024 in Support of Defendants' Motion to Dismis
Affirmation of Matthew K. Flanagan dated January 16, 2024 in Support of Defendants' Motion to Dismis ... show more
EXHIBIT(S) - F Ex. F - Email from Jeffrey Rosenthal to Plaintiff Matthew Orent, Copying Plaintiff Yolanda del Prado
Ex. F - Email from Jeffrey Rosenthal to Plaintiff Matthew Orent, Copying Plaintiff Yolanda del Prado ... show more
EXHIBIT(S) - E Ex. E - Email from Jeffrey Rosenthal to Jacqueline G. Vogt, Copying Plaintiffs Yolanda del Prado and
Ex. E - Email from Jeffrey Rosenthal to Jacqueline G. Vogt, Copying Plaintiffs Yolanda del Prado and ... show more
EXHIBIT(S) - A
Ex. A - Summons and Complaint (Doc. 1 herein)
EXHIBIT(S) - C
Ex. C - October 8, 2020 Conflict Waiver
MEMORANDUM OF LAW IN SUPPORT *Corrected* Defendants' Memorandum of Law in Supoort of Motion to Dismiss and to Pay Sum Held in Escrow Into Cou
Defendants' Memorandum of Law in Supoort of Motion to Dismiss and to Pay Sum Held in Escrow Into Cou ... show more
NOTICE OF MOTION *Corrected*
Notice of Motion - Defendants' Motion to Dismiss Complaint and to Pay Sum Held in Escrow Into Court
EXHIBIT(S) - B Ex. B - The Plaintiff LLC's Agreement with ProjectSpan, annexed as Exhibit A to Complaint (NYSCEF Do
Ex. B - The Plaintiff LLC's Agreement with ProjectSpan, annexed as Exhibit A to Complaint (NYSCEF Do ... show more
STIPULATION - TIME TO ANSWER
STIPULATION - TIME TO ANSWER
Addendum - Commercial Division (840C)
EXHIBIT(S) - 1
Addendum - General (840A)
AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service on William Barrett
AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service of Richard Simon
RJI -RE: OTHER *Corrected*
RJI for Assignment to Commercial Division Pursuant to Uniform Rule 202.70 (b)(8)and (d)
AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service on Mandelbaum Barrett PC
AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service on Jeffrey Rosenthal
EXHIBIT(S) - A
PURCHASE AND SALE AGREEMENT
SUMMONS + COMPLAINT

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