1250 Broadway, 27th Floor New York, NY 10001

WASN'T HIS BROTHER'S KEEPER

After securing a money judgment against Ibrahim Saleh for a contract breach, Born to Build sought to seize three properties in which Ibrahim was believed to have an ownership interest.

Three LLCs were the record owners of the properties, and all received notices of levy and sale.

Ibrahim’s brother, Kamel Saleh, was the principal of one of those entities, and sought an order to enjoin the execution of the judgment--arguing that he was that building’s rightful owner. But after a hearing, the Nassau County Supreme Court denied that request because the judge was of the view it was Ibrahim's property.

On appeal, the Appellate Division, Second Department, found that Kamel had met his burden of proof when he presented documents which identified him as the principal of the company which held legal title to that property, together with his own personal guaranty of the underllying $1.45 million mortgage.

Sorry, but was that too much of a build up?

To view a copy of the Appellate Division’s decision, please use this link: Born to Build, LLC v Saleh

Lucas thanks Michael Faleck for his assistance with this piece.
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