CIVIL COURT OF NEW YORK
__________ COUNTY
ASHMEEN MODIKHAN, Case No.: 7006339/2015
Plaintiff,
v.
GOLDEN TOUCH TRANSPORTATION
OF NEW YORK, INC.
Defendant.
OBJECTION TO TRUSTEE’S MOTION FOR APPROVAL OF SETTLEMENT
COMES NOW, Plaintiff ASHMEEN MODIKHAN, and files this Objection to the
Trustee’s Motion for Approval of Settlement. In support of this Motion, Plaintiff states as
follows:
BACKGROUND
Plaintiff filed this personal injury and Worker’s Compensation matter on or about
[ENTER DATE]. Since 2015, after Plaintiff filed the case, he requested severally that the
Defendant may forward a copy of any settlement offer in writing. No offer was sent.
On or about June 23, 2022 Frank Cassisi’s office emailed Plaintiff a letter dated June 6,
2022 from Naomi J. Skura the attorney for the Defendant, confirming a settlement offer of $500,
000.00 for the first time.
On June 23, 2022 Plaintiff told the Defendant that he had rejected the offer and preferred
to go to trial.
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On Saturday June 25, 2022, Plaintiff received via US Postal Mail a motion from the
Trustee Alan Nisselson in the Bankruptcy Proceeding filed on June 22, 2022 (Dkt.No.284)
claiming jurisdiction over this case.
On March 14, 2022, Plaitniff filed a motion to withdraw from the bankruptcy
proceedings, (Dkt. No. 278)
ARGUMENTS
The Trustee is in breach of its fiduciary duty
In New York, “In order to establish a breach of fiduciary duties, a plaintiff must prove the
existence of a fiduciary relationship, misconduct by the defendant, and damages that were
directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol, 40 A.D.3d 588, 590, 835
N.Y.S.2d 644 (2nd Dep’t 2007); see also Pokoik v. Pokoik, 982 N.Y.S.2d 67, 70, 115 A.D.3d
428 (1st Dep’t 2014). A trustee owes a fiduciary duty to the beneficiary. See In re Mankin, 88
A.D.3d 717, 718, 930 N.Y.S.2d 79 (2nd Dep’t 2010).
In Meinhard v. Salmon, 164 N.E. 545, 546 (N.Y. 1928), Justice Cardozo stated that “[a]
trustee is held to something stricter than the morals of the market place. Not honesty alone, but
the punctilio of an honor the most sensitive, is then the standard of behavior.”
In the instant action, the Trustee erroneously claims jurisdiction over this case. It is
interesting to note that the motion to control Plaintiff’s Personal Injury Case from the Trustee,
Alan Nisselson came soon after Plaintiff filed the motion to withdraw the Chapter 7 bankruptcy
on March 14, 2022. On March 15, 2022, Frank Cassisi called Plaintiff indicated that Tracy
Heston from the Trustee’s Alan Nisselson office reached out concerned that Plaintiff had filed a
motion to withdraw from the bankruptcy proceedings. Then the next day Frank Cassisi claimed
there was a verbal offer from the defendant to settle for $400,000.00 and that they had beeen
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pushed up $500,000.00. Frank Cassisi also mentioned that the Trustee, Alan Nisselson, not me,
was now his client. The foregoing shows how the Trustee has breached its duties of loyalty to the
Estate.
CONCLUSION
In light of the foregoing, Plaintiff prays that this Court should deny the motion to control
Plaintiff’s Personal Injury Case. The Court should also decline the Settlement Offer put forth by
the Trustee. Plaintiff further prays that this Court issues any other order it deems just.
Date: _________________
Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Pro Se Debtor
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CERTIFICATE OF SERVICE
I certify that a copy of this Objection to the Trustee’s Motion of the Approval of Settlement was
served on [ENTER DATE] to the Defendant in this action at the following addresses:
[ENTER DEFENDANT’S ADDRESS]
DATE:
Ashmeen Modikhan
94-22 Magnolia Court, Unit 1B
Ozone Park, NY 11753
Pro Se Debtor
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