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View David Nagelberg’s profile on LinkedIn, a professional community of 1 billion members. Seasoned Sales Engineer with a demonstrated history of working in the financial…
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- Vice President-Sales Engineering at Enfusion
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- Enfusion
Executive Life Associates, Inc. About. Thirty years of experience finding workable solutions for clients with a previous or current health history to acquire life insurance. We help both retail...
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- Executive Life Associates, Inc.
- New York City Metropolitan Area
David Nagelberg Vice President - Sales Engineering at Enfusion 4y Report this post Broadridge 188,627 followers 4y Click to learn more about our award-winning ...
Aug 15, 1988 · At Congregation Oheb Shalom in South Orange, N.J., Allison Leigh Zinbarg, a daughter of Mr. and Mrs. Edward D. Zinbarg of Short Hills, N.J., was married yesterday to David Evan Nagelberg, a son...
David Nagelberg is known for Willy's Wonderland (2021), Poker Face (2022) and Johnny & Clyde (2023).
- Producer, Additional Crew
- David Nagelberg
- Opinion & Order
- Background
- Legal Standard
- Common Law Fraud
- Aiding and Abetting Fraud
- Negligent Misrepresentation
- Unjust Enrichment
- Conclusion
LOUIS L. STANTON, U.S.D.J. Defendant TriPoint Global Equities, LLC ("TriPoint") moves under Federal Rule of Civil Procedure 12(b)(6)to dismiss claims brought by plaintiffs David Nagelberg ("Nagelberg") and Matthew Hayden ("Hayden") for failure to state a claim upon which relief can be granted. For the reasons that follow, the motion is granted in p...
The following facts are alleged in the amended complaint (Dkt. No. 22). Between January 2015 and January 2017, defendants Joseph Meli ("Meli") and Matthew Harriton ("Harriton") raised over $97 million from investors, including millions of dollars from Nagelberg and Hayden, in a fraudulent scheme. Am. Compl. ¶¶ 1–6, 89–150, 216. Meli and Harriton re...
On a motion to dismiss under Rule 12(b)(6), all factual allegations in the complaint are accepted as true and all reasonable inferences are drawn in the plaintiff's favor. DiFolco v. MSNBC Cable L.L.C., 622 F.3d 104, 110–11 (2d Cir. 2010). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘sta...
"The elements of a fraud cause of action consist of ‘a misrepresentation or a material omission of fact which was false and known to be false by the defendant, made for the purpose of inducing the other party to rely upon it, justifiable reliance of the other party on the misrepresentation or material omission, and injury’ " Pasternack v. Lab. Corp...
"To establish liability for aiding and abetting fraud under New York law, ‘the plaintiffs must show (1) the existence of a fraud; (2) the defendant's knowledge of the fraud; and (3) that the defendant provided substantial assistance to advance the fraud's commission.’ " Krys v. Pigott, 749 F.3d 117, 127 (2d Cir. 2014), quoting Lerner v. Fleet Bank,...
"To state a claim for negligent misrepresentation under New York law, the plaintiff must allege that ‘(1) the defendant had a duty, as a result of a special relationship, to give correct information; (2) the defendant made a false representation that he or she should have known was incorrect; (3) the information supplied in the representation was k...
To state a claim for unjust enrichment under New York law, a plaintiff must plead facts showing that "(1) defendant was enriched, (2) at plaintiff's expense, and (3) equity and good conscience militate against permitting defendant to retain what plaintiff is seeking to recover." Ashland Inc. v. Morgan Stanley & Co., 652 F.3d 333, 339 (2d Cir. 2011)...
TriPoint's motion to dismiss (Dkt. No. 59) is granted as to the fifth count for aiding and abetting fraud and the seventh count for unjust enrichment, and is denied as to the fourth count for common law fraud and the sixth count for negligent misrepresentation. So ordered.
Mar 22, 2021 · full title: david nagelberg, individually and as trustee of the david s. nagelberg… court: united states district court southern district of new york. date published: mar 22, 2021
