On July 17, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Patricia A. Luca, Esq., P.C.,
and
Luca & Pearl, Llp,
Scott W. Pearl, Esq., P.C.,
for Commercial Division
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 11/25/2022 12:00 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 11/25/2022
At Part ______ of the Supreme Court of the
State of New York, held in the county of
New York at the courthouse located at 60
Centre Street, New York, NY 10007 on the
date of ______________________ 2022.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
PATRICIA A. LUCA, ESQ., P.C., HON. MELISSA A. CRANE, J.S.C.
Commercial Division, Part 60
Plaintiff, Index No.: 654087/2019
-against- ORDER TO SHOW CAUSE
SCOTT W. PEARL, ESQ., P.C. and
LUCA & PEARL, LLP,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed affirmation in support of Mark J.
Fenelon, Esq., dated November 23, 2022, the annexed exhibits, and upon all prior proceedings had
herein, and upon due consideration;
Melissa Crane
LET plaintiff show cause before the Honorable ______________________________ , IAS
60
Part _____, of this Court, at the courthouse located at 60 Centre Street, New York, NY 10007, on
1
the _____ December
day of _______________________, 2022, why this Court should not issue an Order for
the following relief:
1. Under Section 2304 of the Civil Practice Law and Rules, quashing plaintiff’s post-
note of issue “subpoena duces tecum and ad testificandum” that is addressed to
“Scott W. Pearl, Esq., P.C. and Scott W. Pearl” demanding production of various
documents and testimony, and is returnable December 1, 2022. (See copy of
subpoena annexed hereto at Exhibit "A"; and
2. For such other and further relief as this Court deems just and proper.
1
1 of 2
FILED: NEW YORK COUNTY CLERK 11/25/2022 12:00 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 11/25/2022
SUFFICIENT cause appearing therefore, let service of a copy of this Order, together with
the papers upon which it is based, be served upon the attorneys for the plaintiff, via
e-filing 25
_____________________, on or before the _______ day of November
____________________, 2022 be
deemed good and sufficient service.
IT IS HEREBY FURTHER Ordered that, under Section 2201 of the Civil Practice Law
and Rules, the production of discovery demanded by the aforementioned subpoena is hereby
stayed pending the decision on this Order to Show Cause.
Any opposition must be efiled no later than 11/28/2022
ENTERED:
11/23/2022
___________________________
J.S.C.
2
2 of 2
Document Filed Date
November 25, 2022
Case Filing Date
July 17, 2019
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 11/25/2022 12:00 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 11/25/2022 At Part ______ of the Supreme Court of the State of New York, held in the county of New York at the courthouse located at 60 Centre Street, New York, NY 10007 on the date of ______________________ 2022. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X PATRICIA A. LUCA, ESQ., P.C., HON. MELISSA A. CRANE, J.S.C. Commercial Division, Part 60 Plaintiff, Index No.: 654087/2019 -against- ORDER TO SHOW CAUSE SCOTT W. PEARL, ESQ., P.C. and LUCA & PEARL, LLP, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affirmation in support of Mark J. Fenelon, Esq., dated November 23, 2022, the annexed exhibits, and upon all prior proceedings had herein, and upon due consideration; Melissa Crane LET plaintiff show cause before the Honorable ______________________________ , IAS 60 Part _____, of this Court, at the courthouse located at 60 Centre Street, New York, NY 10007, on 1 the _____ December day of _______________________, 2022, why this Court should not issue an Order for the following relief: 1. Under Section 2304 of the Civil Practice Law and Rules, quashing plaintiff’s post- note of issue “subpoena duces tecum and ad testificandum” that is addressed to “Scott W. Pearl, Esq., P.C. and Scott W. Pearl” demanding production of various documents and testimony, and is returnable December 1, 2022. (See copy of subpoena annexed hereto at Exhibit "A"; and 2. For such other and further relief as this Court deems just and proper. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 11/25/2022 12:00 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 11/25/2022 SUFFICIENT cause appearing therefore, let service of a copy of this Order, together with the papers upon which it is based, be served upon the attorneys for the plaintiff, via e-filing 25 _____________________, on or before the _______ day of November ____________________, 2022 be deemed good and sufficient service. IT IS HEREBY FURTHER Ordered that, under Section 2201 of the Civil Practice Law and Rules, the production of discovery demanded by the aforementioned subpoena is hereby stayed pending the decision on this Order to Show Cause. Any opposition must be efiled no later than 11/28/2022 ENTERED: 11/23/2022 ___________________________ J.S.C. 2 2 of 2