Judge Rules in favor of Asher Enterprises, Inc. v. Platinum Studios Inc. and its CEO Scott Mitchell Rosenberg for tortious interference with Asher's right to obtain stock as a result of convertible promissory notes. Award is approximately $250,000. See full decision below.
1 SUPREME COURT NASSAU COUNTY
2 E X C E R P T
3 x
4 ASHER ENTERPRISES, INC., Index No.
5 5149-12
6 Plaintiff,
7 -against-
8 PLATINUM STUDIOS, INC.,
9 SCOTT MITCHELL ROSENBERG, MARK CANTON
10 And ADAM POST,
11 Defendants.
12 x
Mineola, New York
13 March 28, 2017
14 B E F 0 R E:
HONORABLE DENISE L. SHER,
15 Justice
16 A P P E A R A N C E S:
17 FOR THE PLAINTIFF : BERNARD S. FELDMAN, P.C .
18 111 Great Neck Road, Suite 214
Great Neck, New York 11021
19 BY: BERNARD S. FELDMAN, ESQ.
20
FOR THE DEFENDANTS:
21 RICHARD A. KRASLOW, P.C.
425 Broad Hollow Road
22 Melville, New York 11747
BY: RICHARD A. KRASLOW, ESQ.
23 ..
24
25 KRISTIN YOUNG, RPR
Official Court Reporter
ky
DECISION 2
1 (Whereupon, the following is an EXCERPT of the
2 proceedings.)
3 THE COURT: This is the decision and order of the
4 Court.
5 Based upon the credible weight of evidence
6 adduced at this trial, the Court finds the plaintiff has
7 not sustained his burden of proof with respect to claims
8 against Mark Canton and Adam Post. As such, no judgment
9 will be granted against him.
10 However, with respect to defendants Scott
11 Mitchell Rosenberg and defendant Platinum Studios, Inc.,
12 the Court finds the plaintiff has met their burden of proof
13 based upon the credible weight of the evidence.
14 The Court finds credibility with respect to
15 plaintiff' s witnesses Seth Kramer, Curt Kramer and
16 Mr. Lapidus.
17 Regarding Scott Mitchell Rosenberg, individually,
18 the Court finds his testimony inconsistent and incredible.
19 His actions as the controlling principal of Platinum
20 Studios, Inc., the Court finds were intentionally
21 interfered with plaintiff Asher' s ability to receive the
22 shares of stock with respect to conversions of notes dated
23 August 4th, 2011, September 28th, 2011, and January 5th,
24 2012, as such the Court finds him individually liable as
25 not acting in good faith and tortiously interfering with
ky
DECISION 3
l the contracts, thereby causing a default.
2 Based upon all the testimony, the Court
3 determines that Mr. Rosenberg was acting in his own self
4 interest and for his own benefit.
5 Plaintiff has met their burden of proof based
6 upon the credible weight of the evidence against the
7 corporation Platinum Studios, Inc. and the Court grants
8 judgment to the plaintiff against defendants Platinum
9 Studios, Inc. and Scott Mitchell Rosenberg individually in
10 the amount of 183,000 plus statutory interest from March 11 22nd, 2012.
12 This is the decision and order of the Court.
13 MR. JOHNSON: Settle judgment?
14 THE COURT: Settle judgment on notice.
15 ***********
16 CERTIFIED THAT THE FOREGOING IS A TROE AND ACCURATE EXCERPT OF
17 THE ORIGINAL STENOGRAPHIC MINUTES IN THIS CASE.
18
19
20 ·, RPR
21 Senior Court Reporter
