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FILED: NEW YORK COUNTY CLERK 01/11/2017 12:46 PM INDEX NO. 160118/2016
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/11/2017
REQUEST FOR JUDICIAL For Court Clerk Use Only:
UCS-840 (7/2012)
IAS Entry Date
New York Supreme COURT, COUNTY OF New York
Judge Assigned
Index 160118/2016 Date Index 12/02/2016
Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date
CAPTION attach a caption rider sheet.
JANICE BERGER
Plaintiff(s)
-against-
CITY OF NEW YORK, THE DURST ORGANIZATION, LP, GE 57TH STREET NORTH HOLDINGS LLC, HELENA ASSOCIATES LLC, EE
57TH STREET NORTH HOLDINGS LLC,
Defendant(s)/Respondent
NATURE OF ACTION OR Check ONE box only and specify where
MATRIMONIAL COMMERCIAL
☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.)
☐ Contract
NOTE: For all Matrimonial actions where the parties have children under
the age of 18, complete and attach the MATRIMONIAL RJI Addendum.
For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except
☐ UCC (including sales, negotiable instruments)
TORTS
☐ Other
☐ Asbestos
NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)],
☐ Breast complete and attach the COMMERCIAL DIV RJI
REAL PROPERTY: How many properties does the application
☐ Environment
☐ Condemnation
☐ Medical, Dental, or Podiatric
☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial
☐ Motor Property
NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner-
☐ Products occupied, residential property, or an owner-occupied condominium, complete and
attach the FORECLOSURE RJI
☒ Other trip and fall
☐ Tax Certiorari - Block Lot
☐ Other Professional
☐ Tax
☐ Other ☐ Other Real
OTHER MATTERS SPECIAL PROCEEDINGS
☐ Certificate of Incorporation/Dissolution
[see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration)
[see NOTE under Commercial]
☐ Emergency Medical ☐ CPLR Article 78 (Body or
☐ Habeas Corpus ☐ Election Law
☐ Local Court ☐ MHL Article 9.60 (Kendra's Law)
☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial)
☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review)
☐ Pistol Permit Revocation ☐ MHL Article 81
☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental
☐ Other ☐ Other Special
STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where
YES NO
Has a summons and complaint or summons w/notice ☒ ☐ If yes, date 12/02/2016
Has a summons and complaint or summons w/notice been ☒ ☐ If yes, date 12/12/2016
Is this action/proceeding being filed post- ☐ ☒ If yes, judgment
1 of 2
NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated.
☐ Infant's
☐ Note of Issue and/or Certificate of Readiness
☐ Notice of Medical, Dental, or Podiatric Date Issue Joined:
☒ Notice of Motion Relief Sought:
SPECIAL PREFERENCE Return Date: 02/07/2017
☐ Notice of Petition Relief Sought: Return Date:
☐ Order to Show Cause Relief Sought: Return Date:
☐ Other Ex Parte Application Relief Sought:
☐ Poor Person Application
☐ Request for Preliminary Conference
☐ Residential Mortgage Foreclosure Settlement
☐ Writ of Habeas Corpus
☐ Other
RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases.
If additional space is required, complete and attach the RJI Addendum. If
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant
PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail
address in space provided. If additional space is required, complete and attach the
Parties: Attorneys and/or Unrepresented Litigants:
List parties in caption order and indicate Issue
Provide attorney name, firm name, business address, phone number and e-
Un- Insurance Carrier(s):
party role(s) (e.g., defendant; 3rd-party Joined
mail address of all attorneys that have appeared in the case. For
Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address.
(Y/N):
Name: BERGER, JANICE SACKS OLARSCH, LAW OFFICES OF S. DAVID OLARSCH, 160
BROADWAY RM 500 , NEW YORK, NY 10038, olarschlaw@gmail.com
☐ Role(s): Plaintiff/Petitioner
YES
Name: CITY OF NEW YORK Zachary Carter Corporation Counsel, New York City Corporation Counsel, 100
Self Insured
Church Street , New York, NY 10007-2601, 212-356-0800, ECF@law.nyc.gov
☐ Role(s): Defendant/Respondent
YES
Name: THE DURST ORGANIZATION, LP COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins
Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com
☐ Role(s): Defendant/Respondent
YES
Name: GE 57TH STREET NORTH COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins
HOLDINGS LLC Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com
☐ Role(s): Defendant/Respondent
YES
Name: HELENA ASSOCIATES LLC COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins
Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com
☐ Role(s): Defendant/Respondent
YES
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE
ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.
Dated 01/11/2017 SACKS DAVID OLARSCH
SIGNATURE
2670867 SACKS DAVID OLARSCH
ATTORNEY REGISTRATION PRINT OR TYPE NAME
This form was generated by
2 of 2
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FILED: NEW YORK COUNTY CLERK 01/11/2017 12:46 PM INDEX NO. 160118/2016 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/11/2017 REQUEST FOR JUDICIAL For Court Clerk Use Only: UCS-840 (7/2012) IAS Entry Date New York Supreme COURT, COUNTY OF New York Judge Assigned Index 160118/2016 Date Index 12/02/2016 Enter the complete case caption. Do not use et al or et ano. If more space is required, RJI Date CAPTION attach a caption rider sheet. JANICE BERGER Plaintiff(s) -against- CITY OF NEW YORK, THE DURST ORGANIZATION, LP, GE 57TH STREET NORTH HOLDINGS LLC, HELENA ASSOCIATES LLC, EE 57TH STREET NORTH HOLDINGS LLC, Defendant(s)/Respondent NATURE OF ACTION OR Check ONE box only and specify where MATRIMONIAL COMMERCIAL ☐ Contested ☐ Business Entity (including corporations, partnerships, LLCs, etc.) ☐ Contract NOTE: For all Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum. For Uncontested Matrimonial ☐ Insurance (where insurer is a party, except ☐ UCC (including sales, negotiable instruments) TORTS ☐ Other ☐ Asbestos NOTE: For Commercial Division assignment requests [22 NYCRR § 202.70(D)], ☐ Breast complete and attach the COMMERCIAL DIV RJI REAL PROPERTY: How many properties does the application ☐ Environment ☐ Condemnation ☐ Medical, Dental, or Podiatric ☐ Mortgage Foreclosure: ☐ Residential ☐ Commercial ☐ Motor Property NOTE: For Mortgage Foreclosure actions involving a one- to four-family, owner- ☐ Products occupied, residential property, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI ☒ Other trip and fall ☐ Tax Certiorari - Block Lot ☐ Other Professional ☐ Tax ☐ Other ☐ Other Real OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE under Commercial] ☐ CPLR Article 75 (Arbitration) [see NOTE under Commercial] ☐ Emergency Medical ☐ CPLR Article 78 (Body or ☐ Habeas Corpus ☐ Election Law ☐ Local Court ☐ MHL Article 9.60 (Kendra's Law) ☐ Mechanic's Lien ☐ MHL Article 10 (Sex Offender Confinement-Initial) ☐ Name Change ☐ MHL Article 10 (Sex Offender Confinement-Review) ☐ Pistol Permit Revocation ☐ MHL Article 81 ☐ Sale or Finance of Religious/Not-for-Profit ☐ Other Mental ☐ Other ☐ Other Special STATUS OF ACTION OR Answer YES or NO for EVERY question AND enter additional information where YES NO Has a summons and complaint or summons w/notice ☒ ☐ If yes, date 12/02/2016 Has a summons and complaint or summons w/notice been ☒ ☐ If yes, date 12/12/2016 Is this action/proceeding being filed post- ☐ ☒ If yes, judgment 1 of 2 NATURE OF JUDICIAL Check ONE box only AND enter additional information where indicated. ☐ Infant's ☐ Note of Issue and/or Certificate of Readiness ☐ Notice of Medical, Dental, or Podiatric Date Issue Joined: ☒ Notice of Motion Relief Sought: SPECIAL PREFERENCE Return Date: 02/07/2017 ☐ Notice of Petition Relief Sought: Return Date: ☐ Order to Show Cause Relief Sought: Return Date: ☐ Other Ex Parte Application Relief Sought: ☐ Poor Person Application ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement ☐ Writ of Habeas Corpus ☐ Other RELATED List any related actions. For Matrimonial actions, include any related criminal and/or Famiy Court cases. If additional space is required, complete and attach the RJI Addendum. If Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant PARTIES For parties without an attorney, check "Un-Rep" box AND enter party address, phone number and e-mail address in space provided. If additional space is required, complete and attach the Parties: Attorneys and/or Unrepresented Litigants: List parties in caption order and indicate Issue Provide attorney name, firm name, business address, phone number and e- Un- Insurance Carrier(s): party role(s) (e.g., defendant; 3rd-party Joined mail address of all attorneys that have appeared in the case. For Rep plaintiff). unrepresented litigants, provide address, phone number and e-mail address. (Y/N): Name: BERGER, JANICE SACKS OLARSCH, LAW OFFICES OF S. DAVID OLARSCH, 160 BROADWAY RM 500 , NEW YORK, NY 10038, olarschlaw@gmail.com ☐ Role(s): Plaintiff/Petitioner YES Name: CITY OF NEW YORK Zachary Carter Corporation Counsel, New York City Corporation Counsel, 100 Self Insured Church Street , New York, NY 10007-2601, 212-356-0800, ECF@law.nyc.gov ☐ Role(s): Defendant/Respondent YES Name: THE DURST ORGANIZATION, LP COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com ☐ Role(s): Defendant/Respondent YES Name: GE 57TH STREET NORTH COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins HOLDINGS LLC Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com ☐ Role(s): Defendant/Respondent YES Name: HELENA ASSOCIATES LLC COURTNEY FELDMAN, FABIANI COHEN & HALL, LLP, 570 Lexington Hanover Ins Avenue , NEW YORK, NY 10022, (212) 644-4420, feldmanc@fcllp.com ☐ Role(s): Defendant/Respondent YES I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated 01/11/2017 SACKS DAVID OLARSCH SIGNATURE 2670867 SACKS DAVID OLARSCH ATTORNEY REGISTRATION PRINT OR TYPE NAME This form was generated by 2 of 2