Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

se 3:02-cv-O22?2?1AVC Document 102 Filed 021251/2004 Page 1 of 4 1
UNITED STATES DISTRI§II I N
FOR THE DISTRICT OF CO ?I ' 1
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Plaintiff, :
s. Z
ILTON L. DALY, ET AL., I
: FEBRUARY gi, 2004 I
Defendants. : 1
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IN REGARD TO ;
COUNTS XIV, XVI, XVII, XIX and XX |
OF THE PLAINTIFF’S SEQ; QND AMENDED COMPLAINT
Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rules 7 and
56 of this Court, defendant Anne Daly in the above-entitled matter hereby moves for a
summary judgment as to the plaintiffs claims against in Counts XIV, XVI, XVII, XIX
and XX of the Second Amended Complaint. I
There is no genuine issue of material fact regarding the allegations of conversion,
njust enrichment and fraudulent transfer of funds set forth in Counts XIV, XVI, XIX
and XX because those claims all involve monies that were transferred to an entity
(Taylor—Leigh, Inc.) in which Anne Daly had no ownership interest and/or financial
accounts in which the plaintiff had a joint interest with the transferor but over which she
actually exercised no prerogatives of ownership or control and from which transfer she
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1[se 3:02-cv-O22Z2`?AVC Document 102 Filed O2(2§/2004 Page 2 of 4
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erived no benefit. Under such facts, defendant Anne Daly cannot be liable for the
lleged conversion, unjust enrichment or fraudulent transfer as a matter of law. _
As to the allegations of Count XVII, the payment of monies to defendant Anne
aly under the terms of a promissory note which at all times was payable to her cannot,
s a matter of law, give rise to liability for a fraudulent transfer.
In support of this Motion, the defendant relies on the accompanying
emorandum of Law in Support of Motion for Summary Judgment; on the affidavits of
ne Daly and Milton Daly and on the excerpt from the Deposition of Frederick C.
amilton, all of which are attached to said Memorandum of Law; and on the
ccompanying Local Rule 56(a)1 Statement.
WHEREFORE, the defendant Anne Daly respectfully requests that a summary
'udgment be entered in her favor on Counts XIV, XVI, XVII, XIX and XX of the
laintiff’ s Second Amended Complaint.
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1[se 3:02-cv-O22(2-)AVC Document 102 Filed O%2§/2004 Page 3 of 4 {
DEFENDANT,
ANNE DALY
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By A ‘ __
isser of
IN IN & WISSER, P.C.
29 So Main Street, Suite 207
West Hartford, CT 06107
Telephone No. (860) 561-2628
Facsimile N0. (860) 521-6150 |
Federal Bar No. CtO1205 I
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ee 3:02-cv-O22{2s[’-\VC Document 102 Filed O2(2§)/2004 Page 4 of 4 [
CERTIFICATION [
This is to certify that on the glib day of February, 2004, a copy of the foregoing was
served upon the following counsel of record by way of First Class Mail, postage prepaid:
Harold James Pickerstein, Esquire ,
Jodi Zils Gagne, Attorney [
Pepe & Hazard [
30 J elliff Lane [
Southport, CT 06890-4000
Craig C. Martin, Esquire
Lawrence S. Schaner, Esquire
Jenner & Block [
One IBM Plaza ·
Chicago, IL 6o611—7603 [
Mark Seiden, Esquire
Marisa Lanza, Attorney [
Milber Makris Polusadis 8: Seiden, LLP E
108 Corporate Park Drive, Suite 200
White Plains, NY 10604
Robert M. Frost, Jr., Esquire
Zeldes, Needle 8c Cooper
1000 Lafayette Boulevard A
Bridgeport, CT 06601 ’
[Q as
F
rry M. Wisser
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