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[*1]


Decided on October 7, 2011
Supreme Court, Kings County

7847/09

Attorney for Plaintiffs:
Leo K. Barnes, Jr.
Barnes & Barnes, PC
445 Broadhollow Rd, Suite 229
Melville, NY 11747
Attorney for Defendants (US Autoland, LOV, Gleb and Oleg Sakhontchik):

S. John Bate 1444Clove Road Staten Island, NY 10301 Carolyn E. Demarest, J.
The following papers numbered 1 to 6 read on this motion:Papers Numbered Notice of Motion/Order to Show Cause/Petition/ Cross Motion and Affidavits(Affirmations)Annexed1 Opposing Affidavits (Affirmations)4 Reply Affidavits(Affirmations)56 Other Papers (Memoranda of Law)
(Statement of Undisputed Facts) 3
Defendants Gleb Sakhontchik, US Autoland LLC, Oleg Sakhontchik and LOV Motors Inc., move for summary judgment, pursuant to CPLR 3212, to dismiss the complaint.
Background
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The Auto Collection Inc. ("Auto Collection") is a New York corporation licensed by the New York State Department of Motor Vehicles to operate an automobile dealership. Auto Collection is engaged in the retail sale of motor vehicles. Steven Lever ("Steven") and Joshua Lever ("Joshua") are members of Auto Collection. US Autoland LLC ("Autoland") and LOV Motors, Inc. ("LOV"), are auto exporters engaged in the business of purchasing high-end automobiles and other vehicles and re-selling them to its customers located in the former Soviet Union and Eastern Europe. They are not licensed by the New York State Department of Motor Vehicles. Gleb Sakhontchik ("Gleb") is a member of Autoland and Oleg Sakhontchik ("Oleg") is an "authorized representative" of LOV.
There are three civil actions currently pending against Auto Collection in the Kings County Supreme Court related to the present action (L & L Auto Distributors & Suppliers, Inc. v The Auto Collection, Inc., index No. 18728/08; Azte, Inc. v The Auto Collection, Inc., index No. 19999/08; US Autoland LLC v The Auto Collection Inc., index No. 16004/09) and four related civil actions against Auto Collection that have been discontinued by stipulation (Boomerang Auto, Inc. v The Auto Collection, Inc., index No. 22436/08; Oleksandr Butenko v The Auto Collection, Inc., index No. 15995/09; FT & T Consulting Inc. v The Auto Collection Inc., index No. 28329/08; Royal Auto Collection Inc. v The Auto Collection Inc., index No. 21533/08). This action was filed in Nassau
County on November 25, 2008, after the seven civil actions were commenced.[FN1] A criminal action, in which a sealing order has been issued, is also currently pending in Nassau County against one of the Auto Collection's employees, defendant Christopher Pinkow ("Pinkow") (People v Pinkow and the Auto Collection Inc. , Indictment No. 698/10). The court takes judicial notice that Pinkow plead guilty to a scheme to defraud in the second degree on September 21, 2011 and the sentencing is scheduled for January 5, 2012. The Auto Collection was named as a defendant in the
criminal action, but its status in that action is unclear.[FN2]
All of these actions share common fact patterns and claims. Specifically, all of these actions allege that a luxury motor vehicle or several luxury motor vehicles were purchased from Auto Collection by an import-export company in the business of buying motor vehicles and reselling them for export to Russia, or an Eastern European country, that Auto Collection demanded pre

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