Yes I Can Licensed Behavior Analyst PLLC v. Green Tree Capital, LLC.

Yes I Can Licensed Behavior Analyst PLLC v Green Tree Capital, LLC. 2026 NY Slip Op 30999(U) March 16, 2026 Supreme Court, Kings County Docket Number: Index No. 511423/2024 Judge: Reginald A. Boddie Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.5114232024.KINGS.001.LBLX038_TO.html[03/24/2026 3:45:46 PM] FILED: KINGS COUNTY CLERK 03/16/2026 04:34 PM INDEX NO. 511423/2024 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 03/16/2026 ,.

At an IAS Commercial Part 12 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and tate of ew York on the 16th day of March 2026.

PRES ENT: Honorable Reginald A. Boddie Justice, upreme Court ----------------------------------------------------------------------x YES I CAN LICENSED BEHAVIOR ANALYST PLLC, et al.

Plaintiffs Index o. 51 1423/2024 -against- MS8 GREEN TREE CAPITAL, LLC. Decision and Order Defendant. ---------------------- -------------------- ------------------ -----------x The following e-filed papers read herein: YSCEF Doc os.

M 8 199-204, 206-211 Defendant' s motion to dismiss plaintiffs' econd Amended Complaint is decided as follows: Background This action arises out of plaintiffs challenge to a judgment by confession (the ' Judgment ') obtained by defendant Green Tree Capital LLC ("Green Tree") under a merchant cash agreement which plaintiffs alleged was procured through misrepresentation improper fees, and violations of PLR 3218. A detailed summary of the background of this action is set forth in the Court' Decision and Order dated September 20, 2024, which granted plaintiffs ' motion seeking a vacatur or the Judgment and granted defendant' s motion to dismiss plaintiffs ' first second and fourth causes of action. Thereafter, by Decision and Order dated December 11, 2025, the Court granted

[* 1] 1 of 4 FILED: KINGS COUNTY CLERK 03/16/2026 04:34 PM INDEX NO. 511423/2024 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 03/16/2026 plaintiffs' motion for leave to amend their pleading, and the Second Amended Complaint YSCEF Doc o. 192) was deemed filed and accepted.

Green Tree now moves to dismiss the Second Amended Complaint, arguing that plaintiffs' claims improperly attempt to remedy alleged violations of injunctions issued by a federal court and another trial court against nonparty Jonathan Braun (' Braun '). Defendant asserts that only the courts that issued those injunctions may determine whether the orders were violated and what sanctions, if any, should apply, and therefore this Court lacks subject matter jurisdiction to grant the relief sought. Defendant further argues that plaintiffs lack standing to rely on those injunctions because they were not parties to the proceedings in which the injunctions were issued.

In opposition, plaintiffs argue that the motion rests on a mischaracterization of the action.

Plaintiffs contend that they do not seek to enforce or punish violations of the injunctions, but instead seek vacatur of confessions of judgment entered in this Court on the grounds that the judgments were procured through fraud, misrepres ntation, misconduct, illegality, and lack of lawful authority. Plaintiffs further assert that Braun was the true actor behind Green Tree and that the transaction underlying the confessions of judgment was unlawful. Plaintiffs assert that this Court has both statutory and inherent authority to vacate its own judgments and that the allegations of the econd Amended Complaint state multiple cognizable bases for relief.

In reply, Green Tree reasserts that plaintiffs' claims improperly attempt to obtain a remedy for alleged violations of the injunctions that plaintiffs lack standing to pursue such relief, and that any remedy for alleged violations of the injunctions must be sought in the courts that issued those injunctions. Green Tree argues that this action should be dismissed or stayed in light of the related federal action involving substantially similar parties and issues.

[* 2] 2 of 4 FILED: KINGS COUNTY CLERK 03/16/2026 04:34 PM INDEX NO. 511423/2024 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 03/16/2026

Discussion ' In the context of a motion to dismiss pursuant to CPLR 3211 the court must afford the pleadings a liberal construction take the allegations of the complaint as true and pro ide plaintiff the benefit of every possible inference" (EB I, Inc. v Goldman, achs & Co. 5 Y3d 11, 19 [2005] [citation omitted]). "Whether a plaintiff can ultimately establish its allegations is not part of the calculus in determining a motion to dismiss" (id.).

Here Green Tree failed to demonstrate entitlement to dismissal of the Second Amended Complaint at the pleading stage. Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every favorable inference as the Court must, plaintiffs have sufficiently alleged that the confessions of judgment and resulting judgments were procured through fraud , misrepresentation, misconduct, and lack of lawful authority including allegations that the underlying transaction was undertaken in violation of existing court orders and that material facts were concealed from this Court when the judgments were entered. If proven, such al legations could warrant vacatur.

Additionally, contrary to defendant' s contention, plaintiff: do not seek to enforce the injunctions issued by other courts but instead seek relief from judgments entered in this Court that they allege were procured through unlawful conduct. Defendant's remaining arguments regarding standing and the effect of the underlying injunctions either misconstrue the nature of the claims asserted or raise factual issues that are not appropriately resolved on a motion to dismiss .

[* 3] 3 of 4 FILED: KINGS COUNTY CLERK 03/16/2026 04:34 PM INDEX NO. 511423/2024 NYSCEF DOC. NO. 212 RECEIVED NYSCEF: 03/16/2026

Conclu ion Based on the foregoing, defendant s motion is denied. Any arguments not expressly addre s d h rein were considered and deemed to be without merit or unnecessary to address given the court's determination.

ENTE R:

Honorable Reginald A. Boddie Justice, Supreme Court

HON. REGtNALD A. BODDIE J.S.C.

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