Motion-Secondary: Helen Siller INDIVIDUALLY AND DERIVATIVELY AS A SHAREHOLDER OF AND ON BEHALF OF THE THIRD BREVOORT CORP v. The Third Brevoort Corporation, Diane C Nardone, Cliff Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller, Mortimor C Lazarus, Jane Warren, John C Woell, Barbara Eisenberg

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                                At  Part  17  of  the Supreme     Court   of
                                                                                         the  State  of  New   York,   held   in and
                                                                                         for  the County    of  New    York,   at the
                                                                                         Courthouse      thereof   located    at   60
                                                                                         Centre Street, New York, New York
                                                                                         on the ___ day of June, 2015



                  P R E S E N T:

                                    HON. SHLOMO HAGLER
                                                               J.S.C.

                  ------------------------------------------------------------------x
                  HELEN SILLER,

                                                               Plaintiff,
                                             -against-

                  THE THIRD BREVOORT CORPORATION,                                        Index No. 151313/2014
                  DIANE C. NARDONE, CLIFF RUSSO,
                  ELIZABETH LOUIE, ANDREW BAUM,                                          ORDER
                  GEORGE ALOI, CHRISTINE BECK, BONNIE
                  HILLER, MORTIMOR C. LAZARUS, JANE
                  WARREN, JOHN C. WOELL, AND BARBARA
                  EISENBERG,

                                                               Defendants.
                  ------------------------------------------------------------------x


                           Defendants     having   moved     this Court    for an  Order,    pursuant   to  CPLR     3211(a)(1)    and

                  3211(a)(7), dismissing plaintiff's Second Amended Verified Complaint, dated October 21, 2014,

                  with prejudice and for such other, further and different relief as the Court deems just and proper;

                           NOW,     upon   reading   and   filing the  Affirmation     of Barry   G.  Margolis,    dated  November

                  26,  2014,   in Support    of Motion    to  Dismiss   the  Second    Amended      Verified   Complaint,    together

                  with the exhibits annexed thereto and the accompanying memorandum of law, the affirmation of

                  Daniel S. Steinberg, dated January 7, 2015, in Opposition to Defendants’ Motion to Dismiss the

                  Second Amended Complaint, the accompanying affidavit of Helen Siller, sworn to May 7, 2014,
                  together with the exhibits annexed thereto and the accompanying memorandum of law, the Reply

                  Affirmation     of Barry    G.  Margolis,    dated  January    26,  2015,   in  Further   Support    of  Motion    to

                  Dismiss the Second Amended Verified Complaint, together with the exhibit annexed thereto, and

                  the accompanying reply memorandum of law;

                           AND upon the oral argument on the record on May 12, 2015 and June 15, 2015, and the

                  transcripts memorializing said arguments, which are incorporated herein and made a part hereof;

                           AND     plaintiff  during   oral  argument     having   discontinued     her  Eighth   Cause    of  Action

                  without prejudice;

                           AND the Court, after due deliberation, having issued an Order dated and entered June 15,

                  2015 directing that an order be settled;

                           NOW, THEREFORE, it is:

                           ORDERED,         that  defendants’    motion    to  dismiss   plaintiff’s  Second    Amended      Verified

                  Complaint dated October 21, 2014 is granted in all respects, and the Second Amended Verified

                  Complaint is hereby dismissed with prejudice.



                                                                                 _________________________________
                                                                                                   J.S.C.




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