Morrison Cohen Defeats Summary Judgment Motion in Dispute Between Former JDS Development Partners

Morrison Cohen secured a favorable ruling for client, real estate investor David Juracich, after the New York County Supreme Court denied a motion by his former business partner, developer Michael Stern, seeking contribution for an allegedly-shared financial obligation.

The dispute arose after Juracich and Stern were found jointly responsible for a judgment arising from a promissory note. After the judgment was paid, Stern sought to recover sums from Juracich, claiming that he had paid more than his share.

Hon. James G. Clynes rejected Stern’s attempt to obtain an immediate judgment, finding that Juracich had raised “triable issues of fact,” requiring further consideration and that the documents Stern relied upon did not establish his claim as a matter of law. The Court denied the motion and directed that the matter proceed as a plenary action.

The Morrison Cohen team is led by Christopher Milito and Hallie McDonald.