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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
Filing Date
October 27, 2023
Last Refreshed
January 29, 2024
Filing Location
New York County, NY
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
Attorneys for Plaintiffs
Defendants
Attorneys for Defendants
Case Documents
EXHIBIT(S) - A
Date: Jan 17, 2024EXHIBIT(S) - C
Date: Jan 17, 2024NOTICE OF MOTION Corrected
Date: Jan 17, 2024STIPULATION - TIME TO ANSWER
Date: Jan 02, 2024STIPULATION - TIME TO ANSWER
Date: Nov 20, 2023ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Nov 15, 2023EXHIBIT(S) - 1
Date: Nov 15, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 10, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 10, 2023RJI -RE: OTHER Corrected
Date: Nov 10, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 10, 2023AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 10, 2023EXHIBIT(S) - A
Date: Oct 27, 2023SUMMONS COMPLAINT
Date: Oct 27, 2023Case Events
Date | Type | Description | |
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January 17, 2024 |
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 |
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January 17, 2024 |
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 |
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January 17, 2024 |
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 |
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January 17, 2024 |
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 |
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January 17, 2024 |
EXHIBIT(S) - A Ex. A - Summons and Complaint (Doc. 1 herein) |
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January 17, 2024 |
EXHIBIT(S) - C Ex. C - October 8, 2020 Conflict Waiver |
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January 17, 2024 |
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 |
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January 17, 2024 |
NOTICE OF MOTION *Corrected* Notice of Motion - Defendants' Motion to Dismiss Complaint and to Pay Sum Held in Escrow Into Court |
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January 17, 2024 |
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 |
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January 02, 2024 | STIPULATION - TIME TO ANSWER | ||
November 20, 2023 | STIPULATION - TIME TO ANSWER | ||
November 15, 2023 | Addendum - Commercial Division (840C) | ||
November 15, 2023 |
EXHIBIT(S) - 1 Addendum - General (840A) |
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November 10, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service on William Barrett |
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November 10, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service of Richard Simon |
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November 10, 2023 |
RJI -RE: OTHER *Corrected* RJI for Assignment to Commercial Division Pursuant to Uniform Rule 202.70 (b)(8)and (d) |
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November 10, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service on Mandelbaum Barrett PC |
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November 10, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service on Jeffrey Rosenthal |
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October 27, 2023 |
EXHIBIT(S) - A PURCHASE AND SALE AGREEMENT |
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October 27, 2023 | SUMMONS + COMPLAINT |