The plaintiff university brought an action against its former Assistant Vice-President and others for deceit, conversion, and conspiracy, alleging a false invoicing scheme and misappropriation of university resources for personal home improvements.
The defendants moved for summary judgment, arguing the action was barred by a full and final release executed upon the employee's termination, and that a property transfer was not a fraudulent conveyance.
The plaintiff moved for a Mareva injunction, an Anton Piller order, and certificates of pending litigation.
The court dismissed the defendants' summary judgment motions, finding genuine issues requiring a trial regarding the scope and validity of the release (due to alleged fraudulent concealment) and the intent behind the property transfer.
The court dismissed the plaintiff's motion for a Mareva injunction, finding insufficient evidence of a risk of asset dissipation, but granted certificates of pending litigation against the two residential properties.
