On March 09, 2010 a
Motion,Ex Parte
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 DOC. NO. 55 RECEIVED NYSCEF: 06/15/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
wenn ene enn ene e en ene ee nee ene ee enn enenne nen enenen!
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 - NOTICE OF MOTION
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 enn nnn nnn nnn nee cece eee X
PLEASE TAKE NOTICE that, upon the annexed Affirmation of David
Shamshovich, and all prior proceedings heretofore had herein, plaintiffs Harvey Rudman and
Harold Kuplesky, acting on behalf of themselves individually and derivatively on behalf of
Starrett City Preservation LLC, will move this Court, in the Motion Submission Part, Room 130,
of the Courthouse located at 60 Centre Street, New York, New York, on July 1, 2011, at 9:30
a.m., or as soon thereafter as counsel may be heard, for an Order pursuant to CPLR 3107, 3108
and 3111 (in the form annexed hereto as Exhibit A) directing the issuance of an Open
Commission (in the form annexed hereto as Exhibit B) to enable plaintiffs to take the deposition
of Choate Hall & Stewart LLP, by Jack Cinquegrana, a partner of that firm, and to demand
documents from Choate Hall & Stewart LLP and Mr. Cinquegrana as non-party witnesses, and to
request the Superior Court of Massachusetts, County of Suffolk, located at Three Pemberton
5344411
Square, Boston, MA 02108, or any other person authorized under Massachusetts law, to issue a
subpoena to them to appear for and submit to a deposition, and to produce documents, at a
certain time, date and place.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b),
answering affidavits and papers, if any, shall be served upon the undersigned at least seven (7)
days prior to the return date of this motion.
Dated: New York, New York GOLENBOCK EISEMAN ASSOR
June 15, 2011 BELL & PESKOE
wy Red ADoa-
David J. Eiseman
Jacqueline G. Veit
David Shamshovich
437 Madison Avenue, 35th Floor
New York, New York 10022
(212) 907-7300
Attorneys for Plaintiffs
TO: Kenneth E. Warner Richard A. Greenberg
Warner Partners, P.C. Steven Y. Yurowitz
950 Third Avenue Newman & Greenberg
New York, New York 10022 950 Third Avenue
Attorney for Defendants Estate of New York, New York 10022
Disque D. Deane by Carol G. Attorneys for Defendant Carol
Deane, as Temporary Executrix, Gram Deane
Salt Kettle LLC, St. Gervais LLC,
DD Spring Creek LLC, SK Spring Peter N. Wang
Creek LLC, DD Shopping Center Foley & Lardner
LLC, and SK Shopping Center LLC 90 Park Avenue
New York, New York 10016
(212) 682-7474
Attorneys for Defendant Spring
Creek Plaza LLC
5344411