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.
Preview
FILED: NEW YORK COUNTY CLERK 11/18/2016 06:12 PM INDEX NO. 650159/2010
NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 11/18/2016
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,
- against - ATTORNEY’S
REPLYAFFIRMATION IN
CAROL GRAM DEANE, THE ESTATE OF DISQUE SUPPORT OF DEFENDANTS’
D. DEANE by CAROL G. DEANE, MOTION TO DISMISS
as TEMPORARY EXECUTRIX, SALT KETTLE LLC,
ST. GERVAIS LLC, STARRETT CITY
Assigned to Kornreich, J.
PRESERVATION LLC, DD SPRING CREEK LLC,
SK SPRING CREEK LLC, SPRING CREEK PLAZA
Motion Sequence No. 010
LLC, DD SHOPPING CENTER LLC and SK
SHOPPING CENTER LLC,
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. I am a member of Newman & Greenberg LLP, attorneys for Carol Deane individually,
one of the defendants in the above-captioned action. I submit this reply affirmation in support of
the motion of all defendants (except Spring Creek Plaza, LLC), pursuant to CPLR 3211, for an
order dismissing the remaining claims alleged in plaintiffs’ Second Amended Complaint, except
for that portion of plaintiffs’ Fifth Claim for Relief that disputes plaintiff Kuplesky’s proper
Sharing Ratio. In further support of the motion, and for the Court’s convenience, I have attached
copies of the documents to which defendants’ accompanying reply memorandum of law refers,
true copies of which are contained in the files of the Court of Appeals, the Appellate Division,
First Department, and probably this Court, and are not subject to dispute.
1
1 of 2
2. Exhibit F is a true copy of excerpts from the Affirmation of Jacqueline G. Veit, dated
May 18, 2016, in Support of Plaintiffs’ Motion for Leave to Appeal to the Court of Appeals, in
this case.
3. Exhibit G is a true copy of excerpts from Plaintiffs’ Brief on Appeal, dated March 23,
2015, filed with the Appellate Division, First Department, in connection with Plaintiffs’ appeal
from a decision and order of this Court, entered on or about July 30, 2014, and amended on or
about September 24, 2014.
WHEREFORE, your affiant respectfully requests that defendants’ motion to dismiss be
granted in its entirety.
________________________
Steven Y. Yurowitz
Affirmed this 18th
day of November, 2016.
2
2 of 2
Document Filed Date
November 18, 2016
Case Filing Date
March 09, 2010
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 11/18/2016 06:12 PM INDEX NO. 650159/2010 NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 11/18/2016 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, - against - ATTORNEY’S REPLYAFFIRMATION IN CAROL GRAM DEANE, THE ESTATE OF DISQUE SUPPORT OF DEFENDANTS’ D. DEANE by CAROL G. DEANE, MOTION TO DISMISS as TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY Assigned to Kornreich, J. PRESERVATION LLC, DD SPRING CREEK LLC, SK SPRING CREEK LLC, SPRING CREEK PLAZA Motion Sequence No. 010 LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, 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. I am a member of Newman & Greenberg LLP, attorneys for Carol Deane individually, one of the defendants in the above-captioned action. I submit this reply affirmation in support of the motion of all defendants (except Spring Creek Plaza, LLC), pursuant to CPLR 3211, for an order dismissing the remaining claims alleged in plaintiffs’ Second Amended Complaint, except for that portion of plaintiffs’ Fifth Claim for Relief that disputes plaintiff Kuplesky’s proper Sharing Ratio. In further support of the motion, and for the Court’s convenience, I have attached copies of the documents to which defendants’ accompanying reply memorandum of law refers, true copies of which are contained in the files of the Court of Appeals, the Appellate Division, First Department, and probably this Court, and are not subject to dispute. 1 1 of 2 2. Exhibit F is a true copy of excerpts from the Affirmation of Jacqueline G. Veit, dated May 18, 2016, in Support of Plaintiffs’ Motion for Leave to Appeal to the Court of Appeals, in this case. 3. Exhibit G is a true copy of excerpts from Plaintiffs’ Brief on Appeal, dated March 23, 2015, filed with the Appellate Division, First Department, in connection with Plaintiffs’ appeal from a decision and order of this Court, entered on or about July 30, 2014, and amended on or about September 24, 2014. WHEREFORE, your affiant respectfully requests that defendants’ motion to dismiss be granted in its entirety. ________________________ Steven Y. Yurowitz Affirmed this 18th day of November, 2016. 2 2 of 2