AYR sues contractors over alleged fraudulent real estate scheme


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

AYR International Limited and AYR Real Estate USA, LLC have filed a lawsuit against NYC Special Contractors Inc., DCD Construction, LLC, Igor Akopov, and Denis Portaev, alleging a fraudulent scheme that cost them millions. The plaintiffs accuse the defendants of misappropriating funds from a real estate project in Brooklyn.

According to the complaint, the dispute began nearly a decade ago when Akopov and Portaev persuaded AYR to invest almost $3 million into a construction project. The plaintiffs claim this investment was made under false pretenses, as the defendants allegedly had no intention of completing the project. The complaint states that after defaulting on loans and accumulating approximately $15 million in liabilities, the defendants transferred assets from DCD Construction to NYC Special Contractors to avoid creditors. The plaintiffs argue that NYC Special Contractors is essentially an alter ego of DCD Construction, created to evade financial responsibilities.

AYR previously brought suit against Akopov, Portaev, and their companies in Kings County Supreme Court in 2019. By November 2024, AYR had secured a default judgment of nearly $5 million for fraud and breach of contract, among other claims. However, the plaintiffs allege they have been unable to collect due to asset transfers arranged by the defendants. The current lawsuit seeks to void these transfers and hold NYC Special Contractors accountable as a successor entity.

The complaint also alleges intentional voidable transactions under New York law. AYR claims NYC Special Contractors was formed without proper corporate formalities and operates with substantial overlap with DCD Construction, including shared address, phone number, personnel, and business model.

The plaintiffs request that the court permit them to void the transfers made by DCD Construction to NYC Special Contractors. They also seek to pierce the corporate veil so that NYC Special Contractors is held liable for DCD Construction’s debts, including prior judgments. Additionally, they request judgment against NYC Special Contractors equivalent to what was awarded against DCD Construction, based on its status as a successor entity.

The plaintiffs are represented by attorneys Lucy E. Hill and Fridrikh V. Shrayber of Dentons Cohen & Grigsby P.C. The case was filed in the United States District Court for the Eastern District of New York under Case No. 1:25-cv-4497.

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