TERRAPIN INDUSTRIES, LLC v. BRT REALTY TRUST

No. 111557/07, Motion Seq. No. 003.

2011 NY Slip Op 30287(U)

TERRAPIN INDUSTRIES, LLC, COLIN RATH, Individually and on behalf of his minor child Breana Rath, GEORGE RATH, and BARBARA RATH, Plaintiffs, v. BRT REALTY TRUST, TD WATERHOUSE INVESTOR SERVICES, INC. a/k/a TD AMERITRADE, INC., and MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendants.

Supreme Court, New York County.

February 8, 2011.


PAUL WOOTEN, Judge.

The motions at bar arise from a case in which the plaintiffs herein sought injunctive and declaratory relief to protect assets held by defendant TD Waterhouse Investor Services, Inc. a/k/a TD Ameritrade, Inc. ("TD") from collection by defendant BRT Realty Trust ("BRT"). TD seeks, by counterclaim and cross-claim, to recover costs and attorneys' fees pursuant to indemnification provisions, and now moves for summary judgment on the counterclaim and...

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