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Sills Road Realty Llc, Brookhaven Terminal Operations, Llc v. Winters Bros. Waste Systems Of Long Island, Llc, Oakland Transportation Holdings, Llc, New York Site Operations, Llc, Brookhaven Rail Llc, Shamrock Rails, Llc

On February 11, 2020 a commercial division case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Suffolk County. Judge James Hudson presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

February 11, 2020

Last Refreshed

October 13, 2023

Filing Location

Suffolk County, NY

Filing Court House

Suffolk County Supreme Court

Judge

Hon. James Hudson Trellis Spinner 👉 Discover key insights by exploring more analytics for James Hudson   

Category

Commercial Division

Practice Area

Commercial

Matter Type

General Commercial

Status

Appealed

Overview

This action arises out of the blatant breach by defendant Winters Bros.

Waste Systems of Long Island, LLC ("Winters") of a non-disclosure agreement

pursuant to which it explicitly agreed not to circumvent the fundamental purpose of

the agreement by entering into a transaction to purchase certain real property and

railway assets associated with the property. Pursuant to the agreement, Sills Road

provided confidential information to Winters for the purpose of acquiring the

property and railway assets from defendant Oakland Transportation Holdings, LLC

or its affiliates New York Site Operations, LLC and Brookhaven Rail LLC

(collectively defined as "Oakland"), or its subsidiaries, and Winters agreed to take

no action to circumvent that purpose by "directly or indirectly, initiating, continuing

Causes of Action

1. AGAMST WINTERS (Breach of Contract)

2. AGAINST WINTERS (Breach of the Duty of Good Faith and Fair Dealing)

3. AGAINST OAKLAND (Tortious Interference With Contract)

4. Preliminary and Permanent Injunction

Parties

Plaintiffs

Brookhaven Terminal Operations, Llc
Sills Road Realty Llc

Attorneys for Plaintiffs

Harbeson, Joseph Randall
Sullivan, Jonathan Christopher (RUSKIN MOSCOU FALTISCHEK, P.C.)

Defendants

Brookhaven Rail Llc
New York Site Operations, Llc
Oakland Transportation Holdings, Llc
Shamrock Rails, Llc
Winters Bros. Waste Systems Of Long Island, Llc

Attorneys for Defendants

Degennaro, Christopher Albert
Heffer, Douglas S
Mcneil, Jillian Lee
Schlesinger, Steven R. (JASPAN SCHLESINGER)
Sekel, Anne B

Case Documents

NOTICE OF ENTRY

Date: Apr 12, 2021

DECISION ORDER ON MOTION

Date: Apr 09, 2021

ANSWER

Date: Aug 20, 2020

COMPLAINT (AMENDED)

Date: Jul 01, 2020

EXHIBIT(S) - 1

Date: Jul 01, 2020

EXHIBIT(S) - 3

Date: Jul 01, 2020

EXHIBIT(S) - 2

Date: Jul 01, 2020

ANSWER

Date: Jun 12, 2020

INTERROGATORIES

Date: Jun 12, 2020

EXHIBIT(S) - 3

Date: May 27, 2020

EXHIBIT(S) - 1

Date: May 27, 2020

EXHIBIT(S) - 2

Date: May 27, 2020

EXHIBIT(S) - D

Date: May 20, 2020

AFFIRMATION

Date: May 20, 2020

EXHIBIT(S) - B

Date: May 20, 2020

EXHIBIT(S) - C

Date: May 20, 2020

EXHIBIT(S) - A

Date: May 20, 2020

EXHIBIT(S) - 4

Date: May 08, 2020

EXHIBIT(S) - 5

Date: May 08, 2020

EXHIBIT(S) - 1

Date: May 08, 2020

EXHIBIT(S) - 2

Date: May 08, 2020

EXHIBIT(S) - 1

Date: May 08, 2020

EXHIBIT(S) - 3

Date: May 08, 2020

EXHIBIT(S) - 4

Date: May 08, 2020

EXHIBIT(S) - 6

Date: May 08, 2020

EXHIBIT(S) - 8

Date: May 08, 2020

EXHIBIT(S) - 7

Date: May 08, 2020

EXHIBIT(S) - 2

Date: May 08, 2020

EXHIBIT(S) - 9

Date: May 08, 2020

EXHIBIT(S) - 3

Date: May 08, 2020

NOTICE

Date: Apr 08, 2020

SUMMONS COMPLAINT

Date: Feb 11, 2020

Case Events

Type Description
STIPULATION - DISCONTINUANCE (POST RJI)
Stipulation of Discontinuance with Prejudice
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Notice of Appeal with Decision and Order (Motion Seq. 2), and Informational Statement
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Notice of Appeal with Decision and Order (Motion Seq. 1, 3, and 4), and Information Statement
NOTICE OF ENTRY
DECISION + ORDER ON MOTION
DECISION + ORDER ON MOTION (Motion #001)
Motion decisions for 001, 003 and 004
AFFIRMATION/AFFIDAVIT OF SERVICE
Affidavit of Service of Summons and Verified Amended Complaint upon Shamrock Rail, LLC
hearing HEARING HELD
HEARING PART 46
DECISION RESERVED TEAMS/ORAL ARG. Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing FULLY SUBMITTED (Motion #004)
MOTION PART 46
EFILE MVT: SHAMROCK RAIL Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing FULLY SUBMITTED (Motion #003)
MOTION PART 46
EFILE MVT: OAKLAND TRANS. Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing FULLY SUBMITTED (Motion #002)
MOTION PART 46
EFILE OSC Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing FULLY SUBMITTED (Motion #001)
MOTION PART 46
EFILE MVT: OAKLAND/NY/BROO Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

MEMORANDUM OF LAW IN REPLY
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #004)
Affirmation in Further Support of Shamrock Rail, LLC's Motion to Dismiss
MEMORANDUM OF LAW IN OPPOSITION (Motion #004) Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants
Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants ... show more
MEMORANDUM OF LAW IN OPPOSITION (Motion #003) Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants
Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants ... show more
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #004)
Affirmation of Joseph R. Harbeson in Opposition to the Motion to Dismiss by Shamrock Rail, LLC
hearing ADJOURNED (Motion #004)
MOTION PART 46
EFILE MVT: SHAMROCK RAIL Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing ADJOURNED (Motion #003)
MOTION PART 46
EFILE MVT: OAKLAND TRANS. Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

STIPULATION - ADJOURNMENT OF MOTION (Motion #004) Stipulation to adjourn motion to dismiss Amended Verified Complaint from September 9, 2020 until Sep
Stipulation to adjourn motion to dismiss Amended Verified Complaint from September 9, 2020 until Sep ... show more
STIPULATION - ADJOURNMENT OF MOTION (Motion #003) Stipulation adjourn the motion to dismiss the Amended Verified Complaint from September 9, 2020 unti
Stipulation adjourn the motion to dismiss the Amended Verified Complaint from September 9, 2020 unti ... show more
EXHIBIT(S) - A (Motion #004)
Verified Amended Complaint
AFFIRMATION (Motion #004) of Jillian L. McNeil, Esq. Dated August 20, 2020 in Support of Defendant Shamrock Rail, LLC's Motion
of Jillian L. McNeil, Esq. Dated August 20, 2020 in Support of Defendant Shamrock Rail, LLC's Motion ... show more
NOTICE OF MOTION (Motion #004)
to Dismiss the Amended Complaint As and Against Defendant Shamrock Rail, LLC
Motion DISMISSAL (Motion #004)
Before Justice: JAMES HUDSON/COMM
Answer demanded: No Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

NOTICE OF MOTION (Motion #003)
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) *Corrected*
Affirmation of Douglas S. Heffer
EXHIBIT(S) - A (Motion #003)
Amended Complaint with Exhibits
MEMORANDUM OF LAW IN SUPPORT (Motion #003)
NOTICE TO COUNTY CLERK - AMENDMENT OF CAPTION
ANSWER
Winters Bros. Verified Answer to the Amended Complaint
Motion DISMISSAL (Motion #003)
Before Justice: JAMES HUDSON/COMM
Answer demanded: No Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event STIPULATION - TIME TO ANSWER
Stipulation for Extension of time to file Responsive Pleading
hearing ADJOURNED (Motion #002)
MOTION PART 46
EFILE OSC Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing ADJOURNED (Motion #001)
MOTION PART 46
EFILE MVT: OAKLAND/NY/BROO Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event COMPLAINT (AMENDED)
Verified Amended Complaint
Docket Event SUMMONS-SUPPLEMENTAL (POST RJI)
Supplemental Summons
Docket Event EXHIBIT(S) - 1
So Ordered Stipulation
Docket Event EXHIBIT(S) - 3
NonDisclosure Agreement
Docket Event EXHIBIT(S) - 2
So Ordered Stipulation of Settlement
Docket Event NOTICE OF DISCOVERY AND INSPECTION
Winters Bros. First Request for Production of Documents
Docket Event ANSWER
Winters Bros. Verified Answer
Docket Event INTERROGATORIES
Winters Bros. First Set of Interrogatories
Docket Event ACKNOWLEDGEMENT OF SERVICE Acknowledgment of Service and Stipulation Extending Winters Bros. Waste System of Long Island LLC's
Acknowledgment of Service and Stipulation Extending Winters Bros. Waste System of Long Island LLC's ... show more
Docket Event ACKNOWLEDGEMENT OF SERVICE Acknowledgment of Service by Oakland Transportation Holdings LLC, New York Site Operations LLC and B
Acknowledgment of Service by Oakland Transportation Holdings LLC, New York Site Operations LLC and B ... show more
Docket Event MEMORANDUM OF LAW IN REPLY
Plaintiff's Reply Memorandum of Law in Further Support of Its Motion for a Preliminary Injunction
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY Affidavit of James J. Pratt, III in further support of Plaintiff's Motion for a Preliminary Injuncti
Affidavit of James J. Pratt, III in further support of Plaintiff's Motion for a Preliminary Injuncti ... show more
Docket Event AFFIDAVIT OR AFFIRMATION IN REPLY Affirmation of Jonathan C. Sullivan in further support of Plaintiff's Motion for a Preliminary Injun
Affirmation of Jonathan C. Sullivan in further support of Plaintiff's Motion for a Preliminary Injun ... show more
Docket Event EXHIBIT(S) - 3
Letter to Brookhave Rail Freight Services, LLC dated May 21, 2020
Docket Event EXHIBIT(S) - 1
Letter to Carly Everhardt dated May 19, 2020
Docket Event EXHIBIT(S) - 2
Letter to Edward Romaine, Town Supervisor dated May 13, 2020
hearing ADJOURNED (Motion #002)
MOTION PART 46
EFILE OSC Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

hearing ADJOURNED (Motion #001)
MOTION PART 46
EFILE MVT: OAKLAND/NY/BROO Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event MEMORANDUM OF LAW IN REPLY (Motion #001)
Moving Defendants' Reply in Further Support of Motion to Dismiss
hearing ADJOURNED (Motion #001)
MOTION PART 46
MVT: OAKLAND/NY/BROO Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event MEMORANDUM OF LAW IN OPPOSITION (Motion #002)
Oakland Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Affidavit of Joseph Winters in Opposition
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Affidavit of Michael White in Opposition
Docket Event MEMORANDUM OF LAW IN OPPOSITION
Winters Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction
Docket Event MEMORANDUM OF LAW IN OPPOSITION (Motion #001) PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS OF DEFENDANTS OAKLAND TRANSPORTATIO
PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS OF DEFENDANTS OAKLAND TRANSPORTATIO ... show more
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Supplemental Affidavit of Joseph Winters in Opposition
Docket Event AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Affidavit of Stephen Soucy in Opposition
Docket Event EXHIBIT(S) - D
Town of Brookhaven Conservation Easement
Docket Event CONSENT TO CHANGE ATTORNEY (POST RJI)
Docket Event Affirmation of Jillian L. McNeil in Opposition
Docket Event EXHIBIT(S) - B
Edited Non-Disclosure Agreement
Docket Event EXHIBIT(S) - C
February 8, 2019 Email
Docket Event EXHIBIT(S) - A
Filed Non-Disclosure Agreement
Docket Event ORDER TO SHOW CAUSE-SIGNED (Motion #002)
OSC - PI
Docket Event MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Order to Show Cause for a Preliminary Injunction and Temporary Restr
Memorandum of Law in Support of Order to Show Cause for a Preliminary Injunction and Temporary Restr ... show more
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Affirmation of Jonathan C. Sullivan in Support of Order to Show Cause
Docket Event ORDER TO SHOW CAUSE ( PROPOSED )
Proposed Order to Show Cause and Temporary Restraining Order
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Affidavit of James J. Pratt, III in support of Order to Show Cause
Docket Event EXHIBIT(S) - 4
Letter dated April 6, 2020 regarding intent to close
Docket Event EXHIBIT(S) - 5
Email dated May 1, 2020 regarding intent to close
Docket Event EXHIBIT(S) - 1
NonDisclosure Agreement
Docket Event EXHIBIT(S) - 2
Email dated February 8, 2019
Docket Event EXHIBIT(S) - 1
Summons and Verified Complaint with Exhibits
Docket Event EXHIBIT(S) - 3
Letter to Judge Azrack dated April 6, 2020
Docket Event EXHIBIT(S) - 4
Email dated November 6, 2019
Docket Event EXHIBIT(S) - 6
Letter dated March 27, 2020 regarding status of tunnel
Docket Event EXHIBIT(S) - 8
Email dated May 1, 2020
Docket Event EXHIBIT(S) - 7
Letter to Judge Azrack dated April 6, 2020
Docket Event EXHIBIT(S) - 2
Notification letter dated February 11, 2020
Docket Event EXHIBIT(S) - 9
Minute Entry
Docket Event EXHIBIT(S) - 3
Interim Stipulation
Motion PRELIMINARY INJUNCTION (Motion #002)
Before Justice: JAMES HUDSON/COMM
Answer demanded: No Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event NOTICE OF APPEARANCE (POST RJI)
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #001)
Affirmation of Douglas S. Heffer
Docket Event MEMORANDUM OF LAW IN SUPPORT
Docket Event NOTICE OF MOTION (Motion #001)
Notice of Motion to Dismiss
Docket Event EXHIBIT(S) - A (Motion #001)
Complaint
Docket Event NOTICE OF APPEARANCE (POST RJI)
Motion DISMISSAL (Motion #001)
Before Justice: JAMES HUDSON/COMM
Answer demanded: No Trellis Spinner 👉 Discover key insights by exploring more analytics for JAMES HUDSON/COMM

Judge: JAMES HUDSON/COMM

Docket Event NOTICE OF ASSIGNMENT TO THE COMMERCIAL DIVISION
Docket Event STIPULATION - OTHER - ( REQUEST TO SO ORDER )
Stipulation adjourning plaintiff's planned submission of an Order to Show Cause to be "So Ordered"
Docket Event ADDENDUM - COMMERCIAL DIVISION (840C)
Docket Event RJI -RE: OTHER Request for Judicial Intervention, Request to have the Court "So Order" the attached Stipulation adj
Request for Judicial Intervention, Request to have the Court "So Order" the attached Stipulation adj ... show more
Docket Event SUMMONS + COMPLAINT
Summons and Verified Complaint
Docket Event EXHIBIT(S) - 3
NonDisclosure Agreement
Docket Event EXHIBIT(S) - 2
So-Ordered Stipulation of Settlement
Docket Event EXHIBIT(S) - 1
So-Ordered Stipulation

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