STATEN ISLAND ADVANCE
Top News
Judge refuses to dismiss $60M suit against Seagal
But federal jurist also denies motion by actor's former partner to return case to state court
Tuesday, April 22, 2003
By FRANK DONNELLY
ADVANCE STAFF WRITER
A federal judge has refused to dismiss a $60 million civil suit filed against tough-guy movie star Steven Seagal by his former partner, Eltingville film producer Julius Nasso.
But Senior Judge Charles P. Sifton of Brooklyn also denied parts of Nasso's claim and shot down his motion to return the case to state court.
Nasso, 50, launched the megabuck litigation last year in state Supreme Court, St. George.
He charged that Seagal, his ex-neighbor -- a martial-arts actor who rocketed to fame in such hits as "Under Siege" and "Above the Law" -- reneged on deals to star in four films after falling under the influence of a Buddhist spiritual adviser. Nasso also sued Seagal's company, Steamroller Productions Inc.
The films were "Blood on the Moon" (aka "Cruise"), "Genghis Khan," "Smash and Grab" and "Prince of the Park."
Seagal, 51, claimed there were no oral or written pacts to make the movies. The California resident also sought to have the case tossed for lack of jurisdictional or contractual grounds. However, twice last year, state Supreme Court Justice Joseph J. Maltese denied those motions.
Stymied, the defendant filed papers in January to move the case to federal court. He again sought dismissal on similar grounds.
Sifton gave him half a loaf.
In a recent 37-page decision, the judge threw out Nasso's claims of misrepresentation, seizure and conversion of corporate opportunities. Jurisdiction did not apply, the judge said, because the plaintiff had not established that the reputed actions occurred in New York. He also dismissed a breach-of-partnership allegation.
But the judge denied Seagal's motions to toss out breach-of-contract, breach-of-fiduciary-duty, and unjust-enrichment allegations.
He also said Nasso could pursue a breach-of-loan claim. Seagal reputedly stiffed him on a $500,000 loan to pay back taxes.
"Indeed, in residing in New York and in 'purposefully direct[ing]' his business activities at other New York residents ... Seagal 'availed himself of the privileges of conducting business [there] so as to reasonably expect to be subject to suit here,'" the judge ruled, citing case law.
Seagal lived next door to Nasso on Wakefield Road when the movie deals reputedly were made.
Nasso's lawyer said Sifton's ruling left intact the meat of the suit.
"There's no place for Seagal to go from here," said Robert J. Hantman. "We're pleased the federal court was consistent with the state court that the case belongs in New York and that we have valid causes of action."
Seagal's lawyer, Martin L. Perschetz, did not immediately return a telephone call seeking comment.
A trial date has not been set.
Meanwhile, the criminal trial of Nasso and his brother, Vincent, is slated to begin in September in Brooklyn federal court. The two are accused of working with mobsters to extort money from Seagal.
Last month, in a separate trial, a jury convicted Peter Gotti, the reputed boss of the Gambino crime family, and six other men of infiltrating the New York waterfront -- including the Howland Hook Marine Terminal in Mariners Harbor -- and shaking down Seagal.
The Nassos have denied the accusations.
Frank Donnelly is a news reporter for the Advance. He may be reached at fdonnelly@siadvance.com.
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in oneness
Top News
Judge refuses to dismiss $60M suit against Seagal
But federal jurist also denies motion by actor's former partner to return case to state court
Tuesday, April 22, 2003
By FRANK DONNELLY
ADVANCE STAFF WRITER
A federal judge has refused to dismiss a $60 million civil suit filed against tough-guy movie star Steven Seagal by his former partner, Eltingville film producer Julius Nasso.
But Senior Judge Charles P. Sifton of Brooklyn also denied parts of Nasso's claim and shot down his motion to return the case to state court.
Nasso, 50, launched the megabuck litigation last year in state Supreme Court, St. George.
He charged that Seagal, his ex-neighbor -- a martial-arts actor who rocketed to fame in such hits as "Under Siege" and "Above the Law" -- reneged on deals to star in four films after falling under the influence of a Buddhist spiritual adviser. Nasso also sued Seagal's company, Steamroller Productions Inc.
The films were "Blood on the Moon" (aka "Cruise"), "Genghis Khan," "Smash and Grab" and "Prince of the Park."
Seagal, 51, claimed there were no oral or written pacts to make the movies. The California resident also sought to have the case tossed for lack of jurisdictional or contractual grounds. However, twice last year, state Supreme Court Justice Joseph J. Maltese denied those motions.
Stymied, the defendant filed papers in January to move the case to federal court. He again sought dismissal on similar grounds.
Sifton gave him half a loaf.
In a recent 37-page decision, the judge threw out Nasso's claims of misrepresentation, seizure and conversion of corporate opportunities. Jurisdiction did not apply, the judge said, because the plaintiff had not established that the reputed actions occurred in New York. He also dismissed a breach-of-partnership allegation.
But the judge denied Seagal's motions to toss out breach-of-contract, breach-of-fiduciary-duty, and unjust-enrichment allegations.
He also said Nasso could pursue a breach-of-loan claim. Seagal reputedly stiffed him on a $500,000 loan to pay back taxes.
"Indeed, in residing in New York and in 'purposefully direct[ing]' his business activities at other New York residents ... Seagal 'availed himself of the privileges of conducting business [there] so as to reasonably expect to be subject to suit here,'" the judge ruled, citing case law.
Seagal lived next door to Nasso on Wakefield Road when the movie deals reputedly were made.
Nasso's lawyer said Sifton's ruling left intact the meat of the suit.
"There's no place for Seagal to go from here," said Robert J. Hantman. "We're pleased the federal court was consistent with the state court that the case belongs in New York and that we have valid causes of action."
Seagal's lawyer, Martin L. Perschetz, did not immediately return a telephone call seeking comment.
A trial date has not been set.
Meanwhile, the criminal trial of Nasso and his brother, Vincent, is slated to begin in September in Brooklyn federal court. The two are accused of working with mobsters to extort money from Seagal.
Last month, in a separate trial, a jury convicted Peter Gotti, the reputed boss of the Gambino crime family, and six other men of infiltrating the New York waterfront -- including the Howland Hook Marine Terminal in Mariners Harbor -- and shaking down Seagal.
The Nassos have denied the accusations.
Frank Donnelly is a news reporter for the Advance. He may be reached at fdonnelly@siadvance.com.
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in oneness
