On March 09, 2010 a
Order
was filed
involving a dispute between
Kuplesky, Harold, Individually And On Behalf Of Starrett City Preservation Llc, Derivatively,
Rudman, Harvey, Individually And On Behalf Of Starrett City Preservation Llc, Derivatively,
and
Carol Gram Deane,
Dd Shopping Center Llc,
Dd Spring Creek Llc,
Disque D. Deane,
Salt Kettle Llc,
Sk Shopping Center Llc,
Sk Spring Creek Llc,
Spring Creek Plaza Llc,
Starrett City Preservation Llc,
St. Gervais Llc,
for Commercial Division
in the District Court of New York County.
Preview
INDEX NO. 650159/2010
NYSCEF BOC. NO. 78| RECEIVED NYSCEF: 07/18/2011
SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
_ JUSTICE SHIRLEY WERNER KORNREICH PART Q 4
Index Numer : 650159/2010
RUDMAN, HARVEY, INDIVIDUALLY INDEX NO.
MOTION DATE S7/01p|
DEANE, CAROL GRAM
Sequence Number : 003 MOTION SEQ. NO.
COMPEL MOTION CAL. NO.
—— eis i a
The following papers, numbered ee T5553 were vead on this motion ¢é/for 2h_O. pea C ommlbsiin
PAPERS NUMBERED
i
Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... 55~$53
Answering Affidavits — Exhibits one —Vo Of
Replying Affidavits
Cross-Motion: OO Yes IX No
Upon the foregoing papers, it is ordered that this motion
we
of 1
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290
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ca MOTION IS DECIDED IN ACCORDANCE
ao
me WITH ACCOMPANYING MEMORANDUM
DECISION AND ORDER.
Dated:
A
| JUSTICE SHI J YA
y Ar EINER RORNREICH
7 JSC.
Check one: C1 FINAL DISPOSITION NY NON-FINAL DISPOSITION
Check if cippropriate: [J] DO NOT POS (7 REFERENCE
J SUEMIT ORDER/ JUDG. L] SETTLE ORDER/ JUDG.
i|
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNT ART 54
-X
HARVEY RUL!MAN and HAROLD KUPLESKY,
on Behalf of Each of Them Individually and
on Behalf of Starrett City Preservation LLC, Derivatively,
Plaintiffs, Index No.: 650159/2010
-against-
DECISION and ORDER
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 nanan anne nnn cee een cence cence nee ne eee
HON. SHIRLEY WERNER KORNREICH,
Upon the foregoing papers, plaintiffs’ motion for an open commission is granted, on default.
This action concerns amounts allegedly owed pursuant to a written agreement (Preservation Agreement)
under which the obligation to pay was triggered by the $531.4 million refinancing of the Starrett City
housing complex in Brooklyn, New York. Shamshovich Affirm. Para. 3. Plaintiffs seek the issuance of
an open commission to take the deposition of the counsel retained by defendants for the purposes of
entering into the Preservation Agreement-the firm of Choate, Hall & Stewart and Jack Cinquegrana,
partner at that firm—as well as for the production of documents from that firm and Mr. Cinquegrana.
Plaintiffs argue that this testimony and documentary evidence is necessary for them to support their
interpretation of the terms of the Preservation Agreement. Shamshovich Affirm. Para. 4. Plaintiffs
further aver that the information sought from Mr. Cinquegrana and his firm is not subject to any
privilege. /d. Neither defendants nor the proposed deponents have opposed.
Pursua:t to CPLR 3108, a commission may be issued where “necessary or convenient” for the
taking ofa deposition outside of the State. Accordingly, it is hereby
ORDERED that the motion is granted, on default, and that, pursuant to CPLR 3108, a
commission issue in this action to a Judge of the Superior Court of the Commonwealth of Massachusetts,
or any other person authorized to administer oaths pursuant to the laws of the Commonwealth of
Massachusetts, to take the deposition upon oral questions of Choate Hall & Stewart LLP, Two
International Place, Boston, Massachusetts 02110, by Jack Cinquegrana, as a non-party witness in this
action; that Choate Hall & Stewart LLP and Mr. Cinquegrana produce requested documents; and that
such authorized person return the transcript of the testimony subscribed by the witness, certified to be
correct and annexed to said commission with any exhibits produced and proved before him/her to
Golenbock Eiseman Assor Bell & Peskoe LLP, c/o Jacqueline G. Veit, Esq., 437 Madison Avenue, New
York, New York 10022, by certified or registered mail, with all convenient speed.
Dated: Enter:
JSC.
Preview
INDEX NO. 650159/2010 NYSCEF BOC. NO. 78| RECEIVED NYSCEF: 07/18/2011 SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY _ JUSTICE SHIRLEY WERNER KORNREICH PART Q 4 Index Numer : 650159/2010 RUDMAN, HARVEY, INDIVIDUALLY INDEX NO. MOTION DATE S7/01p| DEANE, CAROL GRAM Sequence Number : 003 MOTION SEQ. NO. COMPEL MOTION CAL. NO. —— eis i a The following papers, numbered ee T5553 were vead on this motion ¢é/for 2h_O. pea C ommlbsiin PAPERS NUMBERED i Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... 55~$53 Answering Affidavits — Exhibits one —Vo Of Replying Affidavits Cross-Motion: OO Yes IX No Upon the foregoing papers, it is ordered that this motion we of 1 | no aa 290 ou rw at uae ca MOTION IS DECIDED IN ACCORDANCE ao me WITH ACCOMPANYING MEMORANDUM DECISION AND ORDER. Dated: A | JUSTICE SHI J YA y Ar EINER RORNREICH 7 JSC. Check one: C1 FINAL DISPOSITION NY NON-FINAL DISPOSITION Check if cippropriate: [J] DO NOT POS (7 REFERENCE J SUEMIT ORDER/ JUDG. L] SETTLE ORDER/ JUDG. i| SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNT ART 54 -X HARVEY RUL!MAN and HAROLD KUPLESKY, on Behalf of Each of Them Individually and on Behalf of Starrett City Preservation LLC, Derivatively, Plaintiffs, Index No.: 650159/2010 -against- DECISION and ORDER 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 nanan anne nnn cee een cence cence nee ne eee HON. SHIRLEY WERNER KORNREICH, Upon the foregoing papers, plaintiffs’ motion for an open commission is granted, on default. This action concerns amounts allegedly owed pursuant to a written agreement (Preservation Agreement) under which the obligation to pay was triggered by the $531.4 million refinancing of the Starrett City housing complex in Brooklyn, New York. Shamshovich Affirm. Para. 3. Plaintiffs seek the issuance of an open commission to take the deposition of the counsel retained by defendants for the purposes of entering into the Preservation Agreement-the firm of Choate, Hall & Stewart and Jack Cinquegrana, partner at that firm—as well as for the production of documents from that firm and Mr. Cinquegrana. Plaintiffs argue that this testimony and documentary evidence is necessary for them to support their interpretation of the terms of the Preservation Agreement. Shamshovich Affirm. Para. 4. Plaintiffs further aver that the information sought from Mr. Cinquegrana and his firm is not subject to any privilege. /d. Neither defendants nor the proposed deponents have opposed. Pursua:t to CPLR 3108, a commission may be issued where “necessary or convenient” for the taking ofa deposition outside of the State. Accordingly, it is hereby ORDERED that the motion is granted, on default, and that, pursuant to CPLR 3108, a commission issue in this action to a Judge of the Superior Court of the Commonwealth of Massachusetts, or any other person authorized to administer oaths pursuant to the laws of the Commonwealth of Massachusetts, to take the deposition upon oral questions of Choate Hall & Stewart LLP, Two International Place, Boston, Massachusetts 02110, by Jack Cinquegrana, as a non-party witness in this action; that Choate Hall & Stewart LLP and Mr. Cinquegrana produce requested documents; and that such authorized person return the transcript of the testimony subscribed by the witness, certified to be correct and annexed to said commission with any exhibits produced and proved before him/her to Golenbock Eiseman Assor Bell & Peskoe LLP, c/o Jacqueline G. Veit, Esq., 437 Madison Avenue, New York, New York 10022, by certified or registered mail, with all convenient speed. Dated: Enter: JSC.