Preview
INDEX NO. 650159/2010
FILED: NEW YORK COUNTY CLERK 02/25/2011
NYSCEF DOC. NO. 34 RECEIVED NYSCEF 02/25/2011
JUSTICE SHIR 1
EY WEPNER KORNREICH
Ee
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
wane nen n enn nn nce etn nen eee ee eee nee!
HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/10
on Behalf of Each of Them Individually And
On Behalf Of Starrett City Preservation LLC,
Derivatively,
STIPULATION AND ORDER
Plaintiffs, SUBSTITUTING PARTY
AND AMENDING CAPTION
- against -
CAROL GRAM DEANE, DISQUE D. DEANE, SO
SALT KETTLE LLC, ST. GERVAIS LLC,
STARRETT CITY PRESERVATION LLC,
atl
DD SPRING CREEK LLC, SK SPRING
CREEK LLC, SPRING CREEK PLAZA
LLC, DD SHOPPING CENTER LLC and
SK SHOPPING CENTER LLC,
Defendants.
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WHEREAS, Disque D. Deane (“Deane”) died on November 8, 2010;
WHEREAS, at the time of his death, Deane was a defendant in the above captioned
action;
WHEREAS, pursuant to an order entered on February 3, 2011 (a copy of which is
annexed as Exhibit A hereto), the Probate and Family Court of the Commonwealth of
Massachusetts, Suffolk Division, appointed Carol Gram Deane (“Carol Deane”) as Temporary
Executrix for Deane’s estate with the power, among other things, to defend this action on behalf
of the Deane estate; and
WHEREAS, Warner Partners, P.C., the attorneys in this matter for Disque D. Deane
before his death will be representing the Estate of Deane in this case; and
WHEREAS, pursuant to New York Civil Practice Law & Rules (“CPLR”) § 1021, all
parties agree to substitute the Estate of Disque D. Deane for Deane in the above captioned
action;
5246343
IT IS HEREBY STIPULATED, AGREED AND ORDERED that pursuant to CPLR §
1015, the Estate of Disque D. Deane, by Caro! G. Deane as Temporary Executrix, shall be
substituted as the proper party for Disque D. Deane in this action effective immediately; and
IT IS FURTHER STIPULATED, AGREED AND ORDERED that the caption of this
case hereafter will appear as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/10
on Behalf of Each of Them Individually And
On Behalf Of Starrett City Preservation LLC,
Derivatively,
Plaintiffs,
- against -
CAROL GRAM DEANE, THE ESTATE OF
DISQUE D. DEANE by CAROL G. DEANE,
as TEMPORARY EXECUTRIX, SALT
KETTLE LLC, ST. GERVAIS LLC,
STARRETT CITY PRESERVATION LLC,
DD SPRING CREEK LLC, SK SPRING
CREEK LLC, SPRING CREEK PLAZA
LLC, DD SHOPPING CENTER LLC and
SK SHOPPING CENTER LLC,
Defendants.
wenn enna nnn mene nen een nen e nn ene nen en enn ene nee: XS
and
IT IS FURTHER STIPULATED, AGREED AND ORDERED that the Clerk of the Court
shall effectuate the above caption change in the records of the court forthwith; and
IT IS FURTHER STIPULATED, AGREED AND ORDERED that, pursuant to CPLR §
1022 and agreement of the parties, Defendants will respond to the Second Amended Complaint
5246343
by no later than March 24, 2011 and if a motion to dismiss is filed, any opposing papers will be
served no later than April 29, 2011 and any reply will be served no later than May 13, 2011.
Dated: New York, New York
February 7 2011
GOLENBOCK EISEMAN ASSOR WARNER PARTNERS, P.C.
& PES. E LLP
By By: c vs, Wau)
David J. Eis an Kenneth E, Warner
Jacqueline Veit
437 Madison Avenue, 35th Floor 950 Third Avenue
New York, New York 10022 New York, New York 10022
(212) 907-7300 (212) 593-8000
Attorneys for Plaintiffs Attorney for Defendants Estate of Disque D.
Deane by Carol G. Deane, as Temporary
Executrix, Salt Kettle LLC, St. Gervais LLC,
Starrett City Preservation LLC, DD Spring Creek
LLC, SK Spring Creek LLC, DD Shopping Center
LLC, and SK Shopping Center LLC
NEWMA: REENBERG FOLEY & LARDNER
By By:
ichard A. Greén¥erg Peter N. Wang
Steven Y. Yurowitz
950 Third Avenue 90 Park Avenue
New York, NY 10022 New York, New York 10016
(212) 308-7900 (212) 682-7474
Attorneys for Defendant Carol Gram Deane Attorneys for Defendant Spring Creek Plaza LLC
Dated: Febru f 2011
SO ORDERED:
HON. SHIRLEY KORNREICH, J.S.C.
5246343
oo 2 ane :
—
COMMONWEALTH OF MASSACHUSETTS
PROBATE AND FAMILY COURT
SUFFOLK DIVISION
DOCKET NO.: SU10P2652EEA
See
IN RE:
&
ESTATE OF DISQUE D. DEANE a/k/a
DISQUE DEE DEANE
ee
TEMPORA APPOINTMENT
RY ATTUINIM
TEMPORARY A EXECUTRIX
OFeee
At the Probate Court held at Boston in and for said County of Suffolk, on the ght
day of February, 2011.
On the motion of Carol G. Deane of Boston, in the County of Suffolk, purporting
the instrument herewith presented to be the Last Will and Testament of Disque D. Deane
late of Boston in the County of Suffolk, deceased; and praying that she be appointed
Temporary Executrix with the powers set forth in G. L. c. 192, §§ 13-16, first giving
bond without sureties; it appearing that all persons interested having been notified, the
court finds that said Petitioner is a competent and suitable person to be appointed to said
trust. The Petitioner’s powers shall include the power to:
1. SellLanypersonal-property-efthe-estate-and-teAfake such investments as would be
proper investments for an executor; QT
Pay from personal property in her hands the reasonable expenses of the last
sickness, funcral and taxes of the deceased; and
Continue and conduct the affairs of the deceased for the benefit of his estate,
including but not limited to, preparing and filing income tax returns, and
commencing, maintaining and/or defending against any lawsuit(s) filed against
the decedent, and/or his estate. a
eee”
IT IS DECREED that said Petitioner, Carol G. Deane, be appointed Temporary
Executrix thereof; first giving bond without sureties for the due performance of said trust
with the powers set forth in G. L. c. 192, §§ 13-16, including but not limited to the power
to:
1 Setharry personatproperty-efihe-esiate-end-te Make such investments as would be
proper investments for an executor;
2 ene _ e
2. Pay from personal property in her hands the reasonable expenses of the last
sickness, funeral and taxes of the deceased; and
Continue and conduct the affairs of the deceased for the benefit of his estate,
including but not limited to, preparing and filing income tax retums, and
commencing, maintaining and/or defending against any lawsuit(s) filed against
the decedent, and/or his estate.
The authority of the Temporary Executrix named herein is limited to a period of
Ninety (90) Days which shall expire on May, § 2011.
Justice, Suffolk Probate and Family urt
546980.1
Preview
INDEX NO. 650159/2010 FILED: NEW YORK COUNTY CLERK 02/25/2011 NYSCEF DOC. NO. 34 RECEIVED NYSCEF 02/25/2011 JUSTICE SHIR 1 EY WEPNER KORNREICH Ee SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK wane nen n enn nn nce etn nen eee ee eee nee! HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/10 on Behalf of Each of Them Individually And On Behalf Of Starrett City Preservation LLC, Derivatively, STIPULATION AND ORDER Plaintiffs, SUBSTITUTING PARTY AND AMENDING CAPTION - against - CAROL GRAM DEANE, DISQUE D. DEANE, SO SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY PRESERVATION LLC, atl DD SPRING CREEK LLC, SK SPRING CREEK LLC, SPRING CREEK PLAZA LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, Defendants. ween ene enn nen e nen enn nee nnn nen nnn en nee ne eee ee eens WHEREAS, Disque D. Deane (“Deane”) died on November 8, 2010; WHEREAS, at the time of his death, Deane was a defendant in the above captioned action; WHEREAS, pursuant to an order entered on February 3, 2011 (a copy of which is annexed as Exhibit A hereto), the Probate and Family Court of the Commonwealth of Massachusetts, Suffolk Division, appointed Carol Gram Deane (“Carol Deane”) as Temporary Executrix for Deane’s estate with the power, among other things, to defend this action on behalf of the Deane estate; and WHEREAS, Warner Partners, P.C., the attorneys in this matter for Disque D. Deane before his death will be representing the Estate of Deane in this case; and WHEREAS, pursuant to New York Civil Practice Law & Rules (“CPLR”) § 1021, all parties agree to substitute the Estate of Disque D. Deane for Deane in the above captioned action; 5246343 IT IS HEREBY STIPULATED, AGREED AND ORDERED that pursuant to CPLR § 1015, the Estate of Disque D. Deane, by Caro! G. Deane as Temporary Executrix, shall be substituted as the proper party for Disque D. Deane in this action effective immediately; and IT IS FURTHER STIPULATED, AGREED AND ORDERED that the caption of this case hereafter will appear as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/10 on Behalf of Each of Them Individually And On Behalf Of Starrett City Preservation LLC, Derivatively, Plaintiffs, - against - CAROL GRAM DEANE, THE ESTATE OF DISQUE D. DEANE by CAROL G. DEANE, as TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY PRESERVATION LLC, DD SPRING CREEK LLC, SK SPRING CREEK LLC, SPRING CREEK PLAZA LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, Defendants. wenn enna nnn mene nen een nen e nn ene nen en enn ene nee: XS and IT IS FURTHER STIPULATED, AGREED AND ORDERED that the Clerk of the Court shall effectuate the above caption change in the records of the court forthwith; and IT IS FURTHER STIPULATED, AGREED AND ORDERED that, pursuant to CPLR § 1022 and agreement of the parties, Defendants will respond to the Second Amended Complaint 5246343 by no later than March 24, 2011 and if a motion to dismiss is filed, any opposing papers will be served no later than April 29, 2011 and any reply will be served no later than May 13, 2011. Dated: New York, New York February 7 2011 GOLENBOCK EISEMAN ASSOR WARNER PARTNERS, P.C. & PES. E LLP By By: c vs, Wau) David J. Eis an Kenneth E, Warner Jacqueline Veit 437 Madison Avenue, 35th Floor 950 Third Avenue New York, New York 10022 New York, New York 10022 (212) 907-7300 (212) 593-8000 Attorneys for Plaintiffs Attorney for Defendants Estate of Disque D. Deane by Carol G. Deane, as Temporary Executrix, Salt Kettle LLC, St. Gervais LLC, Starrett City Preservation LLC, DD Spring Creek LLC, SK Spring Creek LLC, DD Shopping Center LLC, and SK Shopping Center LLC NEWMA: REENBERG FOLEY & LARDNER By By: ichard A. Greén¥erg Peter N. Wang Steven Y. Yurowitz 950 Third Avenue 90 Park Avenue New York, NY 10022 New York, New York 10016 (212) 308-7900 (212) 682-7474 Attorneys for Defendant Carol Gram Deane Attorneys for Defendant Spring Creek Plaza LLC Dated: Febru f 2011 SO ORDERED: HON. SHIRLEY KORNREICH, J.S.C. 5246343 oo 2 ane : — COMMONWEALTH OF MASSACHUSETTS PROBATE AND FAMILY COURT SUFFOLK DIVISION DOCKET NO.: SU10P2652EEA See IN RE: & ESTATE OF DISQUE D. DEANE a/k/a DISQUE DEE DEANE ee TEMPORA APPOINTMENT RY ATTUINIM TEMPORARY A EXECUTRIX OFeee At the Probate Court held at Boston in and for said County of Suffolk, on the ght day of February, 2011. On the motion of Carol G. Deane of Boston, in the County of Suffolk, purporting the instrument herewith presented to be the Last Will and Testament of Disque D. Deane late of Boston in the County of Suffolk, deceased; and praying that she be appointed Temporary Executrix with the powers set forth in G. L. c. 192, §§ 13-16, first giving bond without sureties; it appearing that all persons interested having been notified, the court finds that said Petitioner is a competent and suitable person to be appointed to said trust. The Petitioner’s powers shall include the power to: 1. SellLanypersonal-property-efthe-estate-and-teAfake such investments as would be proper investments for an executor; QT Pay from personal property in her hands the reasonable expenses of the last sickness, funcral and taxes of the deceased; and Continue and conduct the affairs of the deceased for the benefit of his estate, including but not limited to, preparing and filing income tax returns, and commencing, maintaining and/or defending against any lawsuit(s) filed against the decedent, and/or his estate. a eee” IT IS DECREED that said Petitioner, Carol G. Deane, be appointed Temporary Executrix thereof; first giving bond without sureties for the due performance of said trust with the powers set forth in G. L. c. 192, §§ 13-16, including but not limited to the power to: 1 Setharry personatproperty-efihe-esiate-end-te Make such investments as would be proper investments for an executor; 2 ene _ e 2. Pay from personal property in her hands the reasonable expenses of the last sickness, funeral and taxes of the deceased; and Continue and conduct the affairs of the deceased for the benefit of his estate, including but not limited to, preparing and filing income tax retums, and commencing, maintaining and/or defending against any lawsuit(s) filed against the decedent, and/or his estate. The authority of the Temporary Executrix named herein is limited to a period of Ninety (90) Days which shall expire on May, § 2011. Justice, Suffolk Probate and Family urt 546980.1