New York Criminal Lawyer Blog
The plaintiffs in this case are Michael and Mary Marcantonio. The defendants in the matter are Michael Picozzi, III, Viola, Benedetti, Azzolini & Morano, LLC, Project Real Estate, Inc., and John McHugh. The case is being heard in the Supreme Court of the State of New York located in Nassau County. Judge Michele M. Woodard is hearing the case.
Case Information
In the first motion sequence the defendants Michael Picozzi, III, and Viola, Benedetti, Azzolini & Morano, LLC have moved to dismiss the complaint on the grounds that there is no cause of action stated.
A New York Criminal Lawyer said in the second motion sequence defendants Michael Picozzi, III, Viola, Benedetti, Azzolini & Morano, LLC have moved to have the subpoena served by the plaintiffs that demands the production of attorney trust account records from Viola, Benedetti, Azzolini & Morano, LLC quashed.
In the third motion sequence the plaintiffs have made a cross motion for omnibus relief to the subpoena conditions or modifications to direct the defendants to respond to written interrogatories and to dismiss the motion to quash the subpoena.
In the fourth motion sequence the defendant project real estate and John McHugh have cross moved for an order to vacate the preliminary Conference order.
Case Background
The action in this case involves a sale of an unimproved real property that is located at 114 Jule Pond Drive located in Southhampton, New York. the defendant Michael Picozzi, III was the purchaser and Michael and Mary Marcantonio were the sellers of the property. The purchase price for the property was $3,700,000. There was not a mortgage or mortgage contingency in the agreement as the defendant Picozzis has a new worth of over $40,000,000. Thomas Benedetti held the down payment of $370,000 in escrow.
On February 18, 2005 Defendant Viola, Beneditti, Azzolini & Morano, LLC mailed copies of the contract to Plaintiff Michael Marcantonio with a cover letter that read that the four contracts of sale that have been signed by the buyers. Two copies are to be returned and then 10% of the deposit will be wired to my attorney trust account. You will be advises when I have confirmed the transfer.
Case Discussion and Decision
The facts in this matter are uncommon. A New York Sex Crimes Lawyer said the defendants have admitted that they failed to wire the deposits to the attorney’s escrow account. They state that the only reason this caused damages is that the plaintiffs wanted to quickly get out of their contractual agreement. The failure to make a down payment in a real estate contract generally constitutes a breach of the agreement.
After reviewing the facts of the case Brooklyn Criminal Lawyer said the court has determined that the second motion sequenced made by defendants Michael Picozzi, III, and Viola, Benedetti, Azzolini & Morano, LLC is denied. The cross motion made in the third sequence is also denied as the complaint against the defendants has been dismissed.
A preliminary conference for the action will be rescheduled and the defendants with their counsel will be required to attend. Any further requests for relief in this matter will be noticed and identified properly. The grounds for relief must be supported by an authority.
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