On March 09, 2010 a
Motion-Secondary
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.
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(FILED: NEW YORK COUNTY CLERK 0971672016 06:16 PM INDEX NO. 650159/2010
NYSCEF DOC. NO. 380 RECEIVED NYSCEF: 09/16/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
HARVEY RUDMAN and HAROLD KUPLESKY, on
Behalf
of Each of Them Individually And On Behalf Of
Starrett City Preservation LLC,
Derivatively,
Index No. 650159/10
Plaintiffs.
Assigned to: Kornreich, J.
- against -
CAROL GRAM DEANE, THE ESTATE OF DISQUE
ORAL ARGUMENT REQUESTED
D. DEANE by CAROL G. DEANE,
as TEMPORARY EXECUTRIX, SALT KETTLE LLC,
ST. GERVAIS LLC, STARRETT CITY
ATTORNEY’S AFFIRMATION
PRESERVATION LLC, DD SPRING CREEK LLC,
IN SUPPORT OF DEFENDANTS’
SK SPRING CREEK LLC, SPRING CREEK PLAZA
MOTION TO DISMISS
LLC, DD SHOPPING CENTER LLC and SK
SHOPPING CENTER LLC,
Motion Sequence No. 009
Defendants.
STEVEN Y. YUROWTIZ, an attorney duly licensed to practice law in the State of New
York, affirms under penalties of perjury and says:
1. [am a member of Newman & Greenberg LLP, attorneys for Carol Deane, one of the
defendants in the above-entitled matter. | submit this affirmation in support of defendants”
motion for the relief requested in the accompanying Notice of Motion, and to put before the
Court the various documents referenced in the accompanying Memorandum of Law and not
legitimately subject to dispute. Copies of the exhibits listed below are all separately attached to
this affirmation for the Court’s convenient reference.
2. Exhibit A is a true copy of the Decision of the Appellate Division, First Department.
entered on or about April 19, 2016.
1 of 2
3. Exhibit B is a true copy of the Decision, Order & Judgment of this Court, entered on or
about July 30, 2014, and amended on or about September 24, 2014.
4. Exhibit C is a true copy of the Order of the Court of Appeals. decided and entered on
June 30, 2016, denying plaintiffs’ motion for leave to appeal.
5. Exhibit D is a true copy of the Decision and Order of this Court, entered on or about May
23, 2012.
6. Exhibit E is a true copy of plaintiffs’ Second Amended Complaint. Annexed as exhibits
to the Second Amended Complaint are true copies of the Preservation Agreement (Exhibit 1), the
Omnibus Assignments (Exhibits 2 and 3) and an organizational chart (Exhibit 4).
WHEREFORE, your affiant requests that defendants’ motion to dismiss be granted in its
entirety.
dv ert
en Y. Yurowi
Affirmed this 16th
day of September, 2016.
2 of 2
Document Filed Date
September 16, 2016
Case Filing Date
March 09, 2010
Category
Commercial Division
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(FILED: NEW YORK COUNTY CLERK 0971672016 06:16 PM INDEX NO. 650159/2010 NYSCEF DOC. NO. 380 RECEIVED NYSCEF: 09/16/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HARVEY RUDMAN and HAROLD KUPLESKY, on Behalf of Each of Them Individually And On Behalf Of Starrett City Preservation LLC, Derivatively, Index No. 650159/10 Plaintiffs. Assigned to: Kornreich, J. - against - CAROL GRAM DEANE, THE ESTATE OF DISQUE ORAL ARGUMENT REQUESTED D. DEANE by CAROL G. DEANE, as TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY ATTORNEY’S AFFIRMATION PRESERVATION LLC, DD SPRING CREEK LLC, IN SUPPORT OF DEFENDANTS’ SK SPRING CREEK LLC, SPRING CREEK PLAZA MOTION TO DISMISS LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, Motion Sequence No. 009 Defendants. STEVEN Y. YUROWTIZ, an attorney duly licensed to practice law in the State of New York, affirms under penalties of perjury and says: 1. [am a member of Newman & Greenberg LLP, attorneys for Carol Deane, one of the defendants in the above-entitled matter. | submit this affirmation in support of defendants” motion for the relief requested in the accompanying Notice of Motion, and to put before the Court the various documents referenced in the accompanying Memorandum of Law and not legitimately subject to dispute. Copies of the exhibits listed below are all separately attached to this affirmation for the Court’s convenient reference. 2. Exhibit A is a true copy of the Decision of the Appellate Division, First Department. entered on or about April 19, 2016. 1 of 2 3. Exhibit B is a true copy of the Decision, Order & Judgment of this Court, entered on or about July 30, 2014, and amended on or about September 24, 2014. 4. Exhibit C is a true copy of the Order of the Court of Appeals. decided and entered on June 30, 2016, denying plaintiffs’ motion for leave to appeal. 5. Exhibit D is a true copy of the Decision and Order of this Court, entered on or about May 23, 2012. 6. Exhibit E is a true copy of plaintiffs’ Second Amended Complaint. Annexed as exhibits to the Second Amended Complaint are true copies of the Preservation Agreement (Exhibit 1), the Omnibus Assignments (Exhibits 2 and 3) and an organizational chart (Exhibit 4). WHEREFORE, your affiant requests that defendants’ motion to dismiss be granted in its entirety. dv ert en Y. Yurowi Affirmed this 16th day of September, 2016. 2 of 2