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INDEX NO. 652645/2011
FILED: NEW YORK COUNTY CLERK 05/08/2014)
NYSCEF DOC. NO. 93 RECEIVED NYSCEF 05/08/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
‘Reena reerernniannataiinitihhs iano
PEOPLE’S CAPITAL AND LEASING CORP.,
Plaintiff, Index No.: 652645/2011
- against - NOTICE OF MOTION
TO COMPEL
COLOR WEB INC., 1 800 POSTCARDS, INC.,
RND ENTERPRISES, INC., NEXT PRINTING Motion Sequence #5
& DESIGN, INC., CIRCLE PRESS, INC.,
PRESSLINK CORP., and DAVID MOYAL,
Defendants.
ss
PLEASE TAKE NOTICE that, upon the Affirmation of Michael Doran, Esq., dated May
7, 2014, together with Exhibits annexed thereto, and the Memorandum of Law in support thereof,
and upon all the pleadings and proceedings heretofore had herein, Defendants Color Web, Inc., 1
800 Postcards, Inc., RND Enterprises, Inc., Next Printing & Design, Inc., Circle Press, Inc. and
David Moyal (hereinafter “Defendant”), by their attorneys, Cammarata, Nulty & Garrigan, L.L.C.,
will move this Court, on the 2" day of June, 2014, at the Motion Support Office Courtroom, Room
130, at the Courthouse, 60 Centre Street, New York, New York 10007, at 9:30 a.m., or as soon
thereafter as counsel may be heard, for an order:
A Pursuant to CPLR §3126 striking Plaintiff People’s Capital and Leasing Corp.’s
complaint and imposing monetary sanctions on Plaintiff People’s Capital and Leasing
Corp. as deemed appropriate by the Court;
Pursuant CPLR §3124 compelling Plaintiff, at Plaintiff's sole cost and expense, to
make available its business computers, flash drives, external hard drives and email
accounts for examination by a mutually agreed upon third party for the purpose of
conducting discovery of electronically stored information (ESI) pursuant to specified
search terms; and
c Granting Defendants such other and further relief as the Court deems just and
proper, together with the costs, disbursements, and attorney’s fees of this motion.
PLEASE TAKE FURTHER NOTICE that, opposing papers to be served pursuant to
CPLR §2214(b)
Dated: May7, 2014 Yours, etc.
New York, New York
CAMMARATA, NULTY &
GARRIGAN, L.L. C.
Attorneys. Defe ants
Lif
Chih LjAS? RAN, ESQ.
‘121 Varick Street, #4
New York, New York 10013
(212) 369-6245
(201) 656-2222
To:
MORITT HOCK & HAMROFF LLP
Lee J. Mendelson, Esq
400 Garden City Plaza
Garden City, New York 11530
(516) 873-2000
Preview
INDEX NO. 652645/2011 FILED: NEW YORK COUNTY CLERK 05/08/2014) NYSCEF DOC. NO. 93 RECEIVED NYSCEF 05/08/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ‘Reena reerernniannataiinitihhs iano PEOPLE’S CAPITAL AND LEASING CORP., Plaintiff, Index No.: 652645/2011 - against - NOTICE OF MOTION TO COMPEL COLOR WEB INC., 1 800 POSTCARDS, INC., RND ENTERPRISES, INC., NEXT PRINTING Motion Sequence #5 & DESIGN, INC., CIRCLE PRESS, INC., PRESSLINK CORP., and DAVID MOYAL, Defendants. ss PLEASE TAKE NOTICE that, upon the Affirmation of Michael Doran, Esq., dated May 7, 2014, together with Exhibits annexed thereto, and the Memorandum of Law in support thereof, and upon all the pleadings and proceedings heretofore had herein, Defendants Color Web, Inc., 1 800 Postcards, Inc., RND Enterprises, Inc., Next Printing & Design, Inc., Circle Press, Inc. and David Moyal (hereinafter “Defendant”), by their attorneys, Cammarata, Nulty & Garrigan, L.L.C., will move this Court, on the 2" day of June, 2014, at the Motion Support Office Courtroom, Room 130, at the Courthouse, 60 Centre Street, New York, New York 10007, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an order: A Pursuant to CPLR §3126 striking Plaintiff People’s Capital and Leasing Corp.’s complaint and imposing monetary sanctions on Plaintiff People’s Capital and Leasing Corp. as deemed appropriate by the Court; Pursuant CPLR §3124 compelling Plaintiff, at Plaintiff's sole cost and expense, to make available its business computers, flash drives, external hard drives and email accounts for examination by a mutually agreed upon third party for the purpose of conducting discovery of electronically stored information (ESI) pursuant to specified search terms; and c Granting Defendants such other and further relief as the Court deems just and proper, together with the costs, disbursements, and attorney’s fees of this motion. PLEASE TAKE FURTHER NOTICE that, opposing papers to be served pursuant to CPLR §2214(b) Dated: May7, 2014 Yours, etc. New York, New York CAMMARATA, NULTY & GARRIGAN, L.L. C. Attorneys. Defe ants Lif Chih LjAS? RAN, ESQ. ‘121 Varick Street, #4 New York, New York 10013 (212) 369-6245 (201) 656-2222 To: MORITT HOCK & HAMROFF LLP Lee J. Mendelson, Esq 400 Garden City Plaza Garden City, New York 11530 (516) 873-2000