| Simon v FrancInvest, S.A. |
| 2020 NY Slip Op 03751 [185 AD3d 435] |
| July 2, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jean-Pascal Simon, Appellant, v FrancInvest, S.A., et al., Defendants, and JJS Group, Inc., et al., Respondents. |
Law Office of Nancy J. Volin, New York (Nancy J. Volin of counsel), for appellant.
Lebow & Sokolow LLP, New York (Mark D. Lebow of counsel), for respondents.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered November 14, 2019, which denied plaintiff's motion for a default judgment against nominal defendants (FrancInvest and JJ.S), unanimously affirmed, with costs.
The court providently exercised its discretion in denying plaintiff's motion for a default judgment against FrancInvest and JJ.S and instead setting a schedule for the service of pleadings in light of various orders concerning the complaint (see Simon v FrancInvest, S.A., 178 AD3d 436 [1st Dept 2019]). While FrancInvest and JJ.S are appropriate parties given that plaintiff's current remaining claims are stockholder derivative claims, they are nominal defendants against which no direct claims have been made or relief sought. Concur—Manzanet-Daniels, J.P., Gische, Kern, Oing, González, JJ. [Prior Case History: 2019 NY Slip Op 33385(U).]