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
(FILED: NEW YORK COUNTY CLERK 0971672016 06:16 PM INDEX NO. 650159/2010
NYSCEF DOC. NO. 379 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 1
ORAL ARGUMENT REQUESTED
D. DEANE by CAROL G. DEANE,
as TEMPORARY EXECUTRIX, SALT KETTLE LLC,
ST. GERVAIS LLC, STARRETT CITY
{ NOTICE OF MOTION
PRESERVATION LLC, DD SPRING CREEK LLC.
SK SPRING CREEK LLC, SPRING CREEK PLAZA
LLC, DD SHOPPING CENTER LLC and SK
Motion Sequence No, 009
SHOPPING CENTER LLC
Defendants.
PLEASE TAKE NOTICE that, upon the annexed affirmation of Steven Y. Yurowitz.
Esq., dated September 16, 2016, with exhibits, and the accompanying Memorandum of Law, the
undersigned will move this Court, at a Motion Part thereof, Room 130, at the Courthouse.
located at 60 Centre Street, New York, New York, on the 7th day of November, 2016, at 9:30
a.m., or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 3211(a)(7)
dismissing all of the claims in plaintiffs’ Second Amended Complaint except the Fifth Claim for
Relief insofar as it relates to plaintiff Kuplesky’s claim regarding his proper Sharing Ratio, and
for other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to the oral direction of the Court
during a telephonic conference on August 9, 2016, opposing affidavits and other papers, if any
1 of 2
must be served on or before October 28, 2016 and all reply affidavits and other papers, if any.
must be served on or before November 4, 2016.
Dated: New York, New York
September 16, 2016
NEWMAN & GREENBERG LLP WARNER PARTNERS, P.C.
Lyi
‘ uu 2. Werner
By:
950 Third Avenue 950 Third Avenue
New York, New York 10022 New York, New York 10022
Tel: 212-308-7900 Tel: 212-593-8000
Attorneys for Defendant Carol Gram Neane Attorneys for All Defendants Except
Individually Carol Deane and Spring Creek Plaza
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. 379 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 1 ORAL ARGUMENT REQUESTED D. DEANE by CAROL G. DEANE, as TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRETT CITY { NOTICE OF MOTION PRESERVATION LLC, DD SPRING CREEK LLC. SK SPRING CREEK LLC, SPRING CREEK PLAZA LLC, DD SHOPPING CENTER LLC and SK Motion Sequence No, 009 SHOPPING CENTER LLC Defendants. PLEASE TAKE NOTICE that, upon the annexed affirmation of Steven Y. Yurowitz. Esq., dated September 16, 2016, with exhibits, and the accompanying Memorandum of Law, the undersigned will move this Court, at a Motion Part thereof, Room 130, at the Courthouse. located at 60 Centre Street, New York, New York, on the 7th day of November, 2016, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 3211(a)(7) dismissing all of the claims in plaintiffs’ Second Amended Complaint except the Fifth Claim for Relief insofar as it relates to plaintiff Kuplesky’s claim regarding his proper Sharing Ratio, and for other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to the oral direction of the Court during a telephonic conference on August 9, 2016, opposing affidavits and other papers, if any 1 of 2 must be served on or before October 28, 2016 and all reply affidavits and other papers, if any. must be served on or before November 4, 2016. Dated: New York, New York September 16, 2016 NEWMAN & GREENBERG LLP WARNER PARTNERS, P.C. Lyi ‘ uu 2. Werner By: 950 Third Avenue 950 Third Avenue New York, New York 10022 New York, New York 10022 Tel: 212-308-7900 Tel: 212-593-8000 Attorneys for Defendant Carol Gram Neane Attorneys for All Defendants Except Individually Carol Deane and Spring Creek Plaza 2 of 2