Preview
INDEX NO. 654440/2012
(FILED: NEW YORK COUNTY CLERK 1271972012)
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/20/2012
REQUEST FOR JUDICIAL INTERVENTION For Court C Use Only:
Ucs-640 (772012) m
Supreme COURT, COUNTY OF. New York
Judge Assigned
Index No: Date Index Issued:
CAPTION: Enter the complete case caption. Do not use et al or ef ano. If more space is required, f RI Date —
attach a caption rider sheet.
IN THE MATTER OF THE PETITION OF MAGGIE'S PARATRANSIT, CORP.,
Plaintiff(s)/Petitioner(s)
“against-
JELSIE WATSON
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.
MATRIMONIAL COMMERCIAL
© Contested ‘© Business Eniity (including corporations, partnerships, LLCs, etc.)
NOTE: For all Matrimonial actions where the parties have children under Contract
the age of 18, complete and attach the MATRIMONIAL RJI Addendum. O insurance (where insurer is a party, except arbitration)
For Uncontested Matrimonial actions, use Rul form UD-13. OCC (including sales, negotiable instruments)
TORTS © Other Commercial:
Asbestos (specify)
© Breast Implant NOTE: For Commercial Division assignment requests [22 NYCRR §
© Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV RJI Addendum.
(specify) REAL PROPERTY: _How many properties does the eppiication include?
© Medical, Dental, or Podiatric Malpractice © Condemnation
© Motor Vehicle © Mortgage Foreclosure (specity): O Residential O commercial
© Products Liability: Property Address:
(soecity) ‘Steel Address ity Stale 2p
O° Other Negligence:, NOTE: For Mortgage Foreclosure actions involving a one- to four-family,
(specify) ‘owner-occupied, residential property, or an owner-occupied
© Other Professional Malpractice: condominium, complete and attach the FORECLOSURE RJI Addendum.
(specify) © Tax Certiorari- Section: Block: Lot:
Oother Tor © Tax Foreclosure
Ispecify) Other Real Property:
OTHER MATTERS (specify)
© Centificate of Incorporation/Dissolution see NOTE under Commercial] SPECIAL PROCEEDINGS
© Emergency Medical Treatment © CPLR Article 75 (Arbitration) {see NOTE under Commercial]
Odtabeas Corpus OCPLR Article 78 (Body or Officar)
© Local Court Appeal O Election Law
© Mechanic's Lien © MHL Article 9.60 (Kendra’s Law)
Ovname Change OMHL Article 10 (Sex Offender Confinement-tnitiet)
© Pistol Permit Revocation Hearing QML Article 10 (Sex Offender Confinement-Review)
O Sale or Finance of Religious/Not-for-Profit Property © MHL Article 81 (Guardianship)
O other: © other Mental Hygiene:
(specify), (epecity)
©other Special Proceeding:
{specity)
STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional Information where Indicated.
YES
Has a summons and complaint or summons w/nolice been filed? Oo 8 If yes, date filed:
Has a summons and camplaint or summons w/nolica been served? o 8 yes, date served:
Is this action/proceeding being filed postjudgment? o 8 yes, judgment date:
es
ATURE OF JUDICIAL INTERVENTION:
Infant's Compromise
Check ONE box only AND enter additional Information where Indicated.
O Note of Issue and/or Certificate of Readiness
© Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined:
© Notice of Motion Relief Soug! Retum Di
© Notice of Petition Relief Sougt ay Retum Date: 01/11/2073
O order to Show Cause Relief Sought: Retum Date:
© other Ex Parte Application Relief Sought:
© Poor Person Application
© Request for Preliminary Conference
© Residential Morigage Foreclosure Settlement Conference
© wait of Habeas Corpus
© Other (specify):
Ust any related actions. For Matrimonial actions, Include any related criminal and/or Family Court cases.
RELATED CASES: If additional space Is required, complete and attach the RJl Addendum. If none, leave blank.
Case Title Index/Case No. Court ‘Judge (If signed) Relationship to Instant Case
For parties without an attorney, check "Un-Rep” box AND enter party address, phone number and e-mail address In space provided.
PARTIES: If additional space Is required, complete and attach the Rul Addendum.
Parties: Attorneys and/or Unrepresented Litigants:
Un- List panies in caption order and Issue
Provide attorney name, firm name, business address, phone number and e-mail Joined Insurance:
Rep |indicate party role(s) (e.g. defendant; address of all attomeys that have appeared in the case. For unrepresented Y/N)
Carrler(s):
|3rd-party plaintiff). litigants, provide address, phone number and e-mail address.
IMAGGIES PARATRANSIT CORP.
Last Name First Nama
yes
ARMIENTI, DEBELLIS, GUGLIELMO & RHODEN, LLP
Firat Name
Oo Primary Role:
B9 BROADWAY, SUITE $20 NEW YORK New York 10006
[CLAIMS SERVICE
IBUREAU
Petitioner ‘Straat Addraas chy zp
Secondary
Role [if any}: KNo
Het (212) 809-7074 +9 (212) 809-7713 ABERTULFO@ADGRLAW.COM
|WATSON
Last Name LastName Firet Name
ves
ELSIE RAW OFFICE OF BRYAN BARENBAUM
Firat Name Firm Name
Primary Role:
1060 EASTERN PARKWAY BROOKLYN New York 11207
Respondent Street Addreea City
‘Secondary
Role (if anyl No
Phone Fax o-mall
Last Name Laat Nemo. First Name
K ves
O FirstName
Primary Role:
Firm Name
Secondary Role |If any):
‘Streat Addreaa City 2p Ono
Phone Fax email
LastName Last Namo Firet Name
(ves
QO Fleet Name
Primary Rote:
Firm Nemo
‘Street Addrose hy ‘Stata
Secondary Role (If any}: ap Ono
Phone Fax e-mail
AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE,
BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED sh
THIS ACTION OR PROCEEDING.
/
Jf f d
oA (A Ze A_| A f
Dated: 12/12/2012 YY use xy
SIGNATURE
4575817 ANNETTE BERTULFO
‘TTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME
SUPREME COURT OF THE STATE OF NEW YORK ucs-s4oc
312094
COUNTY OF New York
Index No.
IN THE MATTER OF THE PETITION OF MAGGIES PARATRANSIT CO)
RJI No. (If any)
Plaintifi(s\Petitioner(s)
-against-
ELSIE WATSON COMMERCIAL DIVISION
Defendant(s Respondent(s) Request for Judicial intervention Addendum
COMPLETE WHERE APPLICABLE [add additional pages if needed]:
Plalntiff/Petitloner’s cause(s) of actlan [check all that apply]:
Oo Breach of contract or ‘iduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common.
law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate
restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and
employment agreements not including claims that principally involve alleged discriminatory practices)
Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium
units)
Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent
only
Shareholder derivative actions — without consideration of the monetary threshold
Commercial class actions — without consideration of the monetary threshold
Business transactions involving or arising out of dealings with commercial banks and other financial institutions
Internal affairs of business organizations
Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters
Environmental insurance coverage
Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)
Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures ~~ without
consideration of the monetary threshold
Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR
Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold
Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]:
$
Plalntiff/Petitioner's clalm for equitable or declaratory rellef [brief description]:
foe
Davabraatst
Vabow a \
Corp vericle
ys Sie WO oO
men twas’
?a
Wivallec! 5 Nats
(eV) Motor ueele dee on pt 12012
Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]:
| REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. | CERTIFY THAT THE CASE
MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR §
Zenith
202.70(a), (b) AND (c).
Dated: 12/12/2012 —— —
SIGNATURE
ANNETTE BERTULFO
PRINT OR TYPE NAME
Preview
INDEX NO. 654440/2012 (FILED: NEW YORK COUNTY CLERK 1271972012) NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/20/2012 REQUEST FOR JUDICIAL INTERVENTION For Court C Use Only: Ucs-640 (772012) m Supreme COURT, COUNTY OF. New York Judge Assigned Index No: Date Index Issued: CAPTION: Enter the complete case caption. Do not use et al or ef ano. If more space is required, f RI Date — attach a caption rider sheet. IN THE MATTER OF THE PETITION OF MAGGIE'S PARATRANSIT, CORP., Plaintiff(s)/Petitioner(s) “against- JELSIE WATSON Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL © Contested ‘© Business Eniity (including corporations, partnerships, LLCs, etc.) NOTE: For all Matrimonial actions where the parties have children under Contract the age of 18, complete and attach the MATRIMONIAL RJI Addendum. O insurance (where insurer is a party, except arbitration) For Uncontested Matrimonial actions, use Rul form UD-13. OCC (including sales, negotiable instruments) TORTS © Other Commercial: Asbestos (specify) © Breast Implant NOTE: For Commercial Division assignment requests [22 NYCRR § © Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV RJI Addendum. (specify) REAL PROPERTY: _How many properties does the eppiication include? © Medical, Dental, or Podiatric Malpractice © Condemnation © Motor Vehicle © Mortgage Foreclosure (specity): O Residential O commercial © Products Liability: Property Address: (soecity) ‘Steel Address ity Stale 2p O° Other Negligence:, NOTE: For Mortgage Foreclosure actions involving a one- to four-family, (specify) ‘owner-occupied, residential property, or an owner-occupied © Other Professional Malpractice: condominium, complete and attach the FORECLOSURE RJI Addendum. (specify) © Tax Certiorari- Section: Block: Lot: Oother Tor © Tax Foreclosure Ispecify) Other Real Property: OTHER MATTERS (specify) © Centificate of Incorporation/Dissolution see NOTE under Commercial] SPECIAL PROCEEDINGS © Emergency Medical Treatment © CPLR Article 75 (Arbitration) {see NOTE under Commercial] Odtabeas Corpus OCPLR Article 78 (Body or Officar) © Local Court Appeal O Election Law © Mechanic's Lien © MHL Article 9.60 (Kendra’s Law) Ovname Change OMHL Article 10 (Sex Offender Confinement-tnitiet) © Pistol Permit Revocation Hearing QML Article 10 (Sex Offender Confinement-Review) O Sale or Finance of Religious/Not-for-Profit Property © MHL Article 81 (Guardianship) O other: © other Mental Hygiene: (specify), (epecity) ©other Special Proceeding: {specity) STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional Information where Indicated. YES Has a summons and complaint or summons w/nolice been filed? Oo 8 If yes, date filed: Has a summons and camplaint or summons w/nolica been served? o 8 yes, date served: Is this action/proceeding being filed postjudgment? o 8 yes, judgment date: es ATURE OF JUDICIAL INTERVENTION: Infant's Compromise Check ONE box only AND enter additional Information where Indicated. O Note of Issue and/or Certificate of Readiness © Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: © Notice of Motion Relief Soug! Retum Di © Notice of Petition Relief Sougt ay Retum Date: 01/11/2073 O order to Show Cause Relief Sought: Retum Date: © other Ex Parte Application Relief Sought: © Poor Person Application © Request for Preliminary Conference © Residential Morigage Foreclosure Settlement Conference © wait of Habeas Corpus © Other (specify): Ust any related actions. For Matrimonial actions, Include any related criminal and/or Family Court cases. RELATED CASES: If additional space Is required, complete and attach the RJl Addendum. If none, leave blank. Case Title Index/Case No. Court ‘Judge (If signed) Relationship to Instant Case For parties without an attorney, check "Un-Rep” box AND enter party address, phone number and e-mail address In space provided. PARTIES: If additional space Is required, complete and attach the Rul Addendum. Parties: Attorneys and/or Unrepresented Litigants: Un- List panies in caption order and Issue Provide attorney name, firm name, business address, phone number and e-mail Joined Insurance: Rep |indicate party role(s) (e.g. defendant; address of all attomeys that have appeared in the case. For unrepresented Y/N) Carrler(s): |3rd-party plaintiff). litigants, provide address, phone number and e-mail address. IMAGGIES PARATRANSIT CORP. Last Name First Nama yes ARMIENTI, DEBELLIS, GUGLIELMO & RHODEN, LLP Firat Name Oo Primary Role: B9 BROADWAY, SUITE $20 NEW YORK New York 10006 [CLAIMS SERVICE IBUREAU Petitioner ‘Straat Addraas chy zp Secondary Role [if any}: KNo Het (212) 809-7074 +9 (212) 809-7713 ABERTULFO@ADGRLAW.COM |WATSON Last Name LastName Firet Name ves ELSIE RAW OFFICE OF BRYAN BARENBAUM Firat Name Firm Name Primary Role: 1060 EASTERN PARKWAY BROOKLYN New York 11207 Respondent Street Addreea City ‘Secondary Role (if anyl No Phone Fax o-mall Last Name Laat Nemo. First Name K ves O FirstName Primary Role: Firm Name Secondary Role |If any): ‘Streat Addreaa City 2p Ono Phone Fax email LastName Last Namo Firet Name (ves QO Fleet Name Primary Rote: Firm Nemo ‘Street Addrose hy ‘Stata Secondary Role (If any}: ap Ono Phone Fax e-mail AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE, BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED sh THIS ACTION OR PROCEEDING. / Jf f d oA (A Ze A_| A f Dated: 12/12/2012 YY use xy SIGNATURE 4575817 ANNETTE BERTULFO ‘TTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME SUPREME COURT OF THE STATE OF NEW YORK ucs-s4oc 312094 COUNTY OF New York Index No. IN THE MATTER OF THE PETITION OF MAGGIES PARATRANSIT CO) RJI No. (If any) Plaintifi(s\Petitioner(s) -against- ELSIE WATSON COMMERCIAL DIVISION Defendant(s Respondent(s) Request for Judicial intervention Addendum COMPLETE WHERE APPLICABLE [add additional pages if needed]: Plalntiff/Petitloner’s cause(s) of actlan [check all that apply]: Oo Breach of contract or ‘iduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common. law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units) Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only Shareholder derivative actions — without consideration of the monetary threshold Commercial class actions — without consideration of the monetary threshold Business transactions involving or arising out of dealings with commercial banks and other financial institutions Internal affairs of business organizations Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters Environmental insurance coverage Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures ~~ without consideration of the monetary threshold Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]: $ Plalntiff/Petitioner's clalm for equitable or declaratory rellef [brief description]: foe Davabraatst Vabow a \ Corp vericle ys Sie WO oO men twas’ ?a Wivallec! 5 Nats (eV) Motor ueele dee on pt 12012 Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]: | REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. | CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § Zenith 202.70(a), (b) AND (c). Dated: 12/12/2012 —— — SIGNATURE ANNETTE BERTULFO PRINT OR TYPE NAME