Facts

In June 1986, plaintiff Pari Michail lent defendant Antoine Alti $70,000 to purchase a liquor store. In September 1995, plaintiff signed a note acknowledging that as of Sept. 1, 1995, Antoine Alti had fully repaid plaintiff all amounts owed.

In September 2009, intending to provide financial assistance to plaintiff, who was a friend and like a mother, Antoine Alti signed a note stating that he promised to give plaintiff $93,000.

Plaintiff filed suit against defendants alleging fraud, intentional misrepresentation, negligent misrepresentation, unjust enrichment, breach of contract, and conversion.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Antoine Alti and his wife Gracia owed her at least $70,000 plus interest. Plaintiff further contended that the note Antoine Alti signed in September 2009 was an acknowledgment of prior debts.

DEFENDANT'S CONTENTIONS:
Defendants contended that defendant Antoine Alti signed the September 2009 note intending to give $93,000 to plaintiff as a gift in order to help her and that the September 2009 note was neither a binding contract nor an acknowledgment of prior debts. Defendants further contended that all amounts owed had been repaid in full and that plaintiff's lawsuit was untimely.

Damages

Plaintiff attempted to recover over $500,000.

Result

Judgment for defendants. After plaintiff had completed her presentation of the evidence, defendants made a motion for judgment. The judge granted defendants' motion, finding that plaintiff had failed to meet her burden on any of the causes of action. The judge further found that there was no fraud, no negligent misrepresentation, no unjust enrichment, and no conversion. In addition, the judge did not believe much of what plaintiff testified and found that another witness, Mrs. Davamandi, was intentionally attempting to mislead the court and the parties.

Other Information

Plaintiff's motion to tax costs. At the outset of trial, Mr. Lloreda became ill and was unable to complete the trial due to illness, and was replaced as lead counsel by Mr. Reback who completed the trial. FILING DATE: Dec. 8, 2009.