On October 27, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Alexandra Engel,
Eia Datacom, Inc.,
Eia Electric, Inc.,
Eia Inc.,
Electronic Interface Associates, Inc.,
George Engel,
George Engel Lic, Llc,
Matthew Orent,
Yolanda V. Del Prado,
and
Jeffrey Rosenthal,
Mandelbaum Barrett Pc,
Richard Simon,
William Barrett,
for Commercial - Other - Commercial Division (Legal Malpractice)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/17/2024 12:07 AM INDEX NO. 160556/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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EIA INC.; ELECTRONIC INTERFACE ASSOCIATES, Index No.: 160556/2023
INC.; EIA DATACOM, INC.; EIA ELECTRIC, INC.;
GEORGE ENGEL LIC, LLC; GEORGE ENGEL; NOTICE OF MOTION
YOLANDA V. DEL PRADO; MATTHEW ORENT; and
ALEXANDRA ENGEL, Returnable: February 20,
2024
Plaintiffs,
Motion Seq. No. 001
-against-
MANDELBAUM BARRET PC; JEFFREY ROSENTHAL;
WILLIAM BARRETT; and RICHARD SIMON,
Defendants.
------------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation in Support of Matthew
K. Flanagan, Esq., dated the 16th day of January, 2024, and the exhibits annexed thereto, the
Memorandum of Law in Support of the Motion to Dismiss, and upon all prior pleadings and
proceedings had herein, the undersigned will move this Court before the Motion Support Office
Courtroom, Room 130, at Supreme Court of the State of New York, New York County, located
at 60 Centre Street, Room 130, New York, New York, on the 20th day of February, 2024 at 9:30
a.m. or as soon thereafter as counsel can be heard, for an Order:
(i) Pursuant to CPLR § 3211(a)(7), dismissing Plaintiffs’ Complaint for failure
to state a cause of action; and
(ii) Pursuant to CPLR § 2701, directing Defendant Mandelbaum Barrett, P.C.
to pay into Court the funds which are the subject of Plaintiffs’ Third and
Fourth Cause of Action, to wit, the $260,000 Deposit made by ProjectSpan
Inc. pursuant to the Purchase and Sale Agreement annexed as Exhibit A to
Plaintiffs’ Complaint, which funds are currently being held in escrow by
Mandelbaum Barrett, P.C. pursuant to said agreement; and
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FILED: NEW YORK COUNTY CLERK 01/17/2024 12:07 AM INDEX NO. 160556/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2024
(i) For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date
of this motion.
Dated: Jericho, New York
January 16, 2024 Respectfully Submitted,
CATALANO GALLARDO
& PETROPOULOS, LLP
By: Matthew K. Flanagan
MATTHEW K. FLANAGAN
JENNA L. FIERSTEIN
Attorneys for Defendants
MANDELBAUM BARRETT PC i/s/h/a
MANDELBAUM BARRET PC, JEFFREY
ROSENTHAL, WILLIAM BARRETT, and
RICHARD SIMON
100 Jericho Quadrangle, Suite 326
Jericho, New York 11753
(516) 931-1800
File No.: 123-2638
TO: ALL PARTIES VIA NYSCEF
OBERMAYER REBMANN MAXWELL & HIPPEL, LLP
Attorney for Plaintiffs
60 East 42nd Street, 40th Floor
New York, New York 10165
(917) 994-2552
Ana.montoya@obermayer.com
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FILED: NEW YORK COUNTY CLERK 01/17/2024 12:07 AM INDEX NO. 160556/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X EIA INC.; ELECTRONIC INTERFACE ASSOCIATES, Index No.: 160556/2023 INC.; EIA DATACOM, INC.; EIA ELECTRIC, INC.; GEORGE ENGEL LIC, LLC; GEORGE ENGEL; NOTICE OF MOTION YOLANDA V. DEL PRADO; MATTHEW ORENT; and ALEXANDRA ENGEL, Returnable: February 20, 2024 Plaintiffs, Motion Seq. No. 001 -against- MANDELBAUM BARRET PC; JEFFREY ROSENTHAL; WILLIAM BARRETT; and RICHARD SIMON, Defendants. ------------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed Affirmation in Support of Matthew K. Flanagan, Esq., dated the 16th day of January, 2024, and the exhibits annexed thereto, the Memorandum of Law in Support of the Motion to Dismiss, and upon all prior pleadings and proceedings had herein, the undersigned will move this Court before the Motion Support Office Courtroom, Room 130, at Supreme Court of the State of New York, New York County, located at 60 Centre Street, Room 130, New York, New York, on the 20th day of February, 2024 at 9:30 a.m. or as soon thereafter as counsel can be heard, for an Order: (i) Pursuant to CPLR § 3211(a)(7), dismissing Plaintiffs’ Complaint for failure to state a cause of action; and (ii) Pursuant to CPLR § 2701, directing Defendant Mandelbaum Barrett, P.C. to pay into Court the funds which are the subject of Plaintiffs’ Third and Fourth Cause of Action, to wit, the $260,000 Deposit made by ProjectSpan Inc. pursuant to the Purchase and Sale Agreement annexed as Exhibit A to Plaintiffs’ Complaint, which funds are currently being held in escrow by Mandelbaum Barrett, P.C. pursuant to said agreement; and 1 1 of 2 FILED: NEW YORK COUNTY CLERK 01/17/2024 12:07 AM INDEX NO. 160556/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2024 (i) For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: Jericho, New York January 16, 2024 Respectfully Submitted, CATALANO GALLARDO & PETROPOULOS, LLP By: Matthew K. Flanagan MATTHEW K. FLANAGAN JENNA L. FIERSTEIN Attorneys for Defendants MANDELBAUM BARRETT PC i/s/h/a MANDELBAUM BARRET PC, JEFFREY ROSENTHAL, WILLIAM BARRETT, and RICHARD SIMON 100 Jericho Quadrangle, Suite 326 Jericho, New York 11753 (516) 931-1800 File No.: 123-2638 TO: ALL PARTIES VIA NYSCEF OBERMAYER REBMANN MAXWELL & HIPPEL, LLP Attorney for Plaintiffs 60 East 42nd Street, 40th Floor New York, New York 10165 (917) 994-2552 Ana.montoya@obermayer.com 2 2 of 2