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xxxxxx xxxxxx aka xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP. v. xxxxxxx xxxxx individually and as the executor of the Estate of xxxx xxxxx, and as co-trustee of the disclaimer Trust under Article "Fourth" of the La…
A Commercial Division - Business Entity 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 Nassau County. Judge Sharon Gianelli presiding.
Case Details
Case Number
Filing Date
June 02, 2022
Last Refreshed
May 11, 2024
Filing Location
Nassau County, NY
Filing Court House
Supreme
Category
Commercial Division - Business Entity
Practice Area
Commercial
Matter Type
General Commercial
Status
Appealed
Overview
This action arises from Defendants’ deliberate repudiation of fiduciary obligations
owed to Plaintiff and Rockville Corp.
As it stands, Defendants are colluding to imminently sell Rockville Corp.’s sole
asset – real property located at 172 Sunrise Highway, Rockville Centre, New York and
surrounding lots (Section 38; Block: 317; Lot 130, 359 and 369) (the “Property”) – over the
objection of Plaintiff, an 80% majority shareholder who has been the only acting officer of
Rockville Corp. since the entity was formed in 1996.
By this Complaint, Plaintiff seeks legal and equitable relief including: (1) damages
and attorneys’ fees as a result of Defendants’ breaches of fiduciary duties; (2) a declaration that
Plaintiff owns an 80% controlling shareholder interest in Rockville Corp.; (3) an injunction
enjoining and restraining Defendants from (a) transferring, pledging, encumbering, conveying,
assigning, selling, altering, marketing and/or listing for sale, modifying, destroying,
hypothecating, financing and/or otherwise disposing of the Property without the express written
consent of Plaintiff; and (b) taking any steps and/or undertaking any actions in furtherance of
transferring, pledging, encumbering, conveying, assigning, selling, altering, marketing and/or
listing for sale, modifying, destroying, hypothecating, financing and/or otherwise disposing of the
Property without the express written consent of Plaintiff; and (4) such other and further relief as
this Court deems just and proper.
Causes of Action
FACTS RELEVANT TO ALL CAUSES OF ACTION
1. Breach of Fiduciary Duty – Derivatively on behalf of Rockville Corp.
2. Constructive Trust
3. Permanent Injunction
Case Complaint Summary
This complaint was filed in the Supreme Court of the State of New York, County of Nassau. The plaintiff, xxxxxx xxxxxx, is suing the defendants, xxxxxxx xxxxx, Makan Delrahim, and Baharak Amirian, individually and as trustees of the disclaimer Tr…...
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Attorneys for Defendants
Case Documents
MEMORANDUM OF LAW IN REPLY (Motion 008)
Date: Feb 02, 2024ATTACHMENT TO COURT NOTICE
Date: Jan 30, 2024COURT NOTICE
Date: Jan 30, 2024MEMORANDUM OF LAW IN OPPOSITION (Motion 008)
Date: Jan 19, 2024AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 008)
Date: Jan 19, 2024EXHIBIT(S) - A (Motion 008)
Date: Jan 19, 2024EXHIBIT(S) - B (Motion 008)
Date: Jan 19, 2024BOND/UNDERTAKING
Date: Jan 17, 2024BOND/UNDERTAKING Corrected
Date: Jan 10, 2024NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Date: Jan 10, 2024STIPULATION - ADJOURNMENT OF MOTION (Motion 008)
Date: Jan 04, 2024EXHIBIT(S) - D (Motion 008)
Date: Dec 21, 2023EXHIBIT(S) - C (Motion 008)
Date: Dec 21, 2023EXHIBIT(S) - A (Motion 008)
Date: Dec 21, 2023EXHIBIT(S) - B (Motion 008)
Date: Dec 21, 2023NOTICE OF MOTION (Motion 008)
Date: Dec 21, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 008)
Date: Dec 21, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 008)
Date: Dec 21, 2023NOTICE OF ENTRY (Motion 007)
Date: Dec 19, 2023NOTICE OF ENTRY
Date: Dec 19, 2023NOTICE OF ENTRY (Motion 6)
Date: Dec 19, 2023DECISION ORDER ON MOTION (Motion 6)
Date: Dec 19, 2023NOTICE OF APPEARANCE (POST RJI)
Date: Nov 21, 2023ORDER - PRELIMINARY CONFERENCE
Date: Aug 07, 2023ATTACHMENT TO COURT NOTICE
Date: Aug 04, 2023COURT NOTICE
Date: Aug 04, 2023NOTICE OF APPEARANCE (POST RJI)
Date: Jul 10, 2023ADJOURNMENT OF CONFERENCE -REQUEST
Date: Jun 23, 2023LETTER / CORRESPONDENCE TO JUDGE (Motion 6)
Date: Jun 16, 2023ATTACHMENT TO COURT NOTICE
Date: Jun 08, 2023COURT NOTICE
Date: Jun 08, 2023MEMORANDUM OF LAW IN REPLY (Motion 005)
Date: May 24, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 007)
Date: May 24, 2023EXHIBIT(S) - 14 (Motion 007)
Date: May 24, 2023AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 007)
Date: May 24, 2023EXHIBIT(S) - 13 (Motion 007)
Date: May 24, 2023EXHIBIT(S) - 1 (Motion 007)
Date: May 18, 2023AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 007)
Date: May 18, 2023MEMORANDUM OF LAW IN OPPOSITION (Motion 007)
Date: May 18, 2023EXHIBIT(S) - 3 (Motion 007)
Date: May 18, 2023EXHIBIT(S) - 4 (Motion 007)
Date: May 18, 2023EXHIBIT(S) - 2 (Motion 007)
Date: May 18, 2023EXHIBIT(S) - 7 (Motion 005)
Date: May 11, 2023MEMORANDUM OF LAW IN OPPOSITION (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 6 (Motion 005)
Date: May 11, 2023RESPONSE TO STATEMENT OF MATERIAL FACTS (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 4 (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 3 (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 5 (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 2 (Motion 005)
Date: May 11, 2023EXHIBIT(S) - 1 (Motion 005)
Date: May 11, 2023AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 005)
Date: May 11, 2023NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Date: May 05, 2023EXHIBIT(S) - 10 (Motion 007)
Date: May 04, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 7 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 12 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 11 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 4 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 8 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 1 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 6 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 5 (Motion 007)
Date: May 04, 2023NOTICE OF CROSS-MOTION (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 3 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 2 (Motion 007)
Date: May 04, 2023EXHIBIT(S) - 9 (Motion 007)
Date: May 04, 2023ORDER TO SHOW CAUSE - CONFORMED COPY (Motion 6)
Date: May 02, 2023ORDER TO SHOW CAUSE (Motion 6)
Date: May 01, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 6)
Date: Apr 27, 2023ORDER TO SHOW CAUSE ( PROPOSED ) (Motion 6)
Date: Apr 27, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion 6)
Date: Apr 27, 2023STIPULATION - ADJOURNMENT OF MOTION (Motion 005)
Date: Apr 17, 2023NOTICE OF ENTRY
Date: Apr 06, 2023DECISION ORDER ON MOTION (Motion 3)
Date: Apr 05, 2023DECISION ORDER ON MOTION (Motion 1)
Date: Apr 05, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 004)
Date: Apr 05, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 005)
Date: Mar 29, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 005)
Date: Mar 29, 2023STATEMENT OF MATERIAL FACTS (Motion 005)
Date: Mar 29, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 005)
Date: Mar 29, 2023NOTICE OF MOTION (Motion 005)
Date: Mar 29, 2023STATEMENT OF MATERIAL FACTS (Motion 004)
Date: Mar 22, 2023MEMORANDUM OF LAW IN OPPOSITION (Motion 004)
Date: Mar 22, 2023COURT NOTICE
Date: Mar 08, 2023STIPULATION - ADJOURNMENT OF MOTION (Motion 004)
Date: Feb 22, 2023LETTER / CORRESPONDENCE TO JUDGE
Date: Feb 13, 2023MEMORANDUM OF LAW IN SUPPORT (Motion 004)
Date: Feb 13, 2023STATEMENT OF MATERIAL FACTS (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - K (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - J (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - I (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - H (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - G (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - F (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - E (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - D (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - C (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - A (Motion 004)
Date: Feb 13, 2023EXHIBIT(S) - B (Motion 004)
Date: Feb 13, 2023AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 004)
Date: Feb 13, 2023NOTICE OF MOTION (Motion 004)
Date: Feb 13, 2023PRELIMINARY CONFERENCE REQUEST
Date: Jan 27, 2023RESPONSE TO DEMAND
Date: Dec 19, 2022NOTICE OF APPEARANCE (POST RJI)
Date: Nov 15, 2022MEMORANDUM OF LAW IN REPLY (Motion 3)
Date: Nov 15, 2022REPLY TO COUNTERCLAIM(S)
Date: Nov 14, 2022AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 3)
Date: Nov 14, 2022AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 04, 2022MEMORANDUM OF LAW IN OPPOSITION (Motion 3)
Date: Oct 31, 2022SUMMONS-SUPPLEMENTAL (POST RJI)
Date: Oct 27, 2022NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Date: Oct 25, 2022ANSWER
Date: Oct 24, 2022ANSWER
Date: Oct 24, 2022ANSWER WITH COUNTER-CLAIM(S)
Date: Oct 24, 2022STIPULATION - OTHER - ( REQUEST TO SO ORDER ) (Motion 3)
Date: Oct 19, 2022ORDER TO SHOW CAUSE - CONFORMED COPY (Motion 3)
Date: Oct 14, 2022ORDER TO SHOW CAUSE (Motion 3)
Date: Oct 14, 2022AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion 3)
Date: Oct 11, 2022MEMORANDUM OF LAW IN SUPPORT (Motion 3)
Date: Oct 11, 2022EXHIBIT(S) - A (Motion 3)
Date: Oct 11, 2022AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion 3)
Date: Oct 11, 2022ORDER TO SHOW CAUSE ( PROPOSED ) (Motion 3)
Date: Oct 11, 2022STIPULATION - TIME TO ANSWER
Date: Oct 11, 2022STIPULATION - SO ORDERED
Date: Oct 05, 2022NOTICE OF ENTRY (Motion 1) Corrected
Date: Oct 03, 2022DECISION ORDER ON MOTION (Motion 1)
Date: Oct 03, 2022STIPULATION - OTHER - ( REQUEST TO SO ORDER )
Date: Sep 29, 2022LETTER / CORRESPONDENCE TO JUDGE
Date: Jun 28, 2022LETTER / CORRESPONDENCE TO JUDGE
Date: Jun 28, 2022LETTER / CORRESPONDENCE TO JUDGE
Date: Jun 27, 2022AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 1)
Date: Jun 16, 2022EXHIBIT(S) - H (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - B (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - F (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - I (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - A (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - G (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - E (Motion 002)
Date: Jun 15, 2022EXHIBIT(S) - D (Motion 002) Bank Statements and Correspondence
Date: Jun 15, 2022EXHIBIT(S) - C (Motion 002)
Date: Jun 15, 2022AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 1)
Date: Jun 14, 2022EXHIBIT(S) - 13 (Motion 002) 2005 Rockville Corp. Tax Return
Date: Jun 13, 2022EXHIBIT(S) - 5 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 10 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 4 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 3 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 7 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 2 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 8 (Motion 002) Estate Tax Documents
Date: Jun 13, 2022EXHIBIT(S) - 6 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - 1 (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - B (Motion 002)
Date: Jun 13, 2022EXHIBIT(S) - A (Motion 002)
Date: Jun 13, 2022NOTICE OF CROSS-MOTION (Motion 002) Corrected
Date: Jun 13, 2022EXHIBIT(S) - 15 (Motion 002) 2018 Rockville Corp. Tax Return
Date: Jun 13, 2022EXHIBIT(S) - 17 (Motion 002) 2020 Rockville Corp. Tax Return
Date: Jun 13, 2022EXHIBIT(S) - 14 (Motion 002) 2007 Rockville Corp. Tax Return
Date: Jun 13, 2022EXHIBIT(S) - 16 (Motion 002) 2019 Rockville Corp. Tax Return
Date: Jun 13, 2022LETTER / CORRESPONDENCE TO JUDGE (Motion 1)
Date: Jun 07, 2022ORDER TO SHOW CAUSE (Motion 1)
Date: Jun 07, 2022LETTER / CORRESPONDENCE TO JUDGE (Motion 1)
Date: Jun 07, 2022NOTICE OF APPEARANCE (PRE RJI)
Date: Jun 06, 2022NOTICE OF APPEARANCE (PRE RJI)
Date: Jun 06, 2022NOTICE OF APPEARANCE (PRE RJI)
Date: Jun 03, 2022ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Jun 02, 2022RJI -RE: ORDER TO SHOW CAUSE
Date: Jun 02, 2022MEMORANDUM OF LAW IN SUPPORT
Date: Jun 02, 2022EXHIBIT(S) - A
Date: Jun 02, 2022AFFIRMATION
Date: Jun 02, 2022AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Date: Jun 02, 2022EXHIBIT(S) - C Checks - Redacted
Date: Jun 02, 2022EXHIBIT(S) - B Check to NYS Liquor Authority - Redacted
Date: Jun 02, 2022EXHIBIT(S) - A
Date: Jun 02, 2022ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) (Motion 1)
Date: Jun 02, 2022SUMMONS COMPLAINT
Date: Jun 02, 2022Case Events
Date | Type | Description | |
---|---|---|---|
February 02, 2024 |
MEMORANDUM OF LAW IN REPLY (Motion #008) Counterclaim-Plaintiffs' Reply Memorandum Of Law In Further Support Of Motion For Leave To File Amended Answer With Counterclaims |
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January 30, 2024 | ATTACHMENT TO COURT NOTICE | ||
January 30, 2024 | COURT NOTICE | ||
January 19, 2024 | MEMORANDUM OF LAW IN OPPOSITION (Motion #008) | ||
January 19, 2024 | AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #008) | ||
January 19, 2024 |
EXHIBIT(S) - A (Motion #008) Verification Page |
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January 19, 2024 |
EXHIBIT(S) - B (Motion #008) Text Messages & Lease Document |
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January 17, 2024 | BOND/UNDERTAKING | ||
January 10, 2024 |
BOND/UNDERTAKING *Corrected* Preliminary Injunction Bond |
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January 10, 2024 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE Notice of Appeal of Decision and Order, dated December 14, 2023 and entered December 19, 2023 |
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January 04, 2024 | STIPULATION - ADJOURNMENT OF MOTION (Motion #008) | ||
December 21, 2023 |
EXHIBIT(S) - D (Motion #008) Redline of Proposed Amended Answer with Counterclaims |
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December 21, 2023 |
EXHIBIT(S) - C (Motion #008) September 1, 2007 Lease |
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December 21, 2023 |
EXHIBIT(S) - A (Motion #008) Proposed Amended Answer with Counterclaims |
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December 21, 2023 |
EXHIBIT(S) - B (Motion #008) January 3, 3006 Lease |
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December 21, 2023 |
NOTICE OF MOTION (Motion #008) Notice of Motion for Leave to File Amended Answer with Counterclaims |
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December 21, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #008) Affirmation of David E. Ross in Support of Counterclaim-Plaintiffs' Motion for Leave to File Amended Answer with Counterclaims |
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December 21, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #008) Counterclaim-Plaintiffs' Memorandum of Law in Support of Motion for Leave to File Amended Answer with Counterclaims |
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December 19, 2023 | NOTICE OF ENTRY (Motion #007) | ||
December 19, 2023 | Notice of Entry of Decision and Order, dated 12/14/2023 and entered on 12/19/2023 | ||
December 19, 2023 | NOTICE OF ENTRY (Motion #6) | ||
December 19, 2023 |
DECISION + ORDER ON MOTION (Motion #6) Seq 6 & 7 |
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November 21, 2023 |
NOTICE OF APPEARANCE (POST RJI) Notice of Appearance of Briana A. Enck-Smith |
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August 07, 2023 | ORDER - PRELIMINARY CONFERENCE | ||
August 04, 2023 | ATTACHMENT TO COURT NOTICE | ||
August 04, 2023 | COURT NOTICE | ||
July 10, 2023 | NOTICE OF APPEARANCE (POST RJI) | ||
June 23, 2023 | ADJOURNMENT OF CONFERENCE -REQUEST | ||
June 16, 2023 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #6) Letter addressed to Justice Sharon M.J. Gianelli from David E. Ross re: Defendants' Order to Show Cause to Vacate Preliminary Injunction |
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June 08, 2023 | ATTACHMENT TO COURT NOTICE | ||
June 08, 2023 | COURT NOTICE | ||
May 24, 2023 |
MEMORANDUM OF LAW IN REPLY (Motion #005) Defendants Makan Delrahims And Baharak Amirians Reply Memorandum Of Law In Further Support Of Motion For Summary Judgment |
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May 24, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #007) Plaintiff's Memorandum of Law in Further Support of Motion for Leave to Reargue and Renew Motion Seq. #3 |
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May 24, 2023 |
EXHIBIT(S) - 14 (Motion #007) Proof of denial |
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May 24, 2023 |
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #007) Affidavit of xxxxxx xxxxxx In Further Support of Motion to Reargue and Renew |
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May 24, 2023 |
EXHIBIT(S) - 13 (Motion #007) Email - injunction bond inquiry |
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May 18, 2023 |
EXHIBIT(S) - 1 (Motion #007) 11 Pebble Deed |
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May 18, 2023 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #007) Affirmation Of David E. Ross In Opposition To Plaintiff's Motion For Leave To Reargue And Renew |
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May 18, 2023 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #007) Defendants Memorandum Of Law In Opposition To Plaintiff's Motion For Leave To Reargue And Renew |
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May 18, 2023 |
EXHIBIT(S) - 3 (Motion #007) 5 Copperfield Deed |
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May 18, 2023 |
EXHIBIT(S) - 4 (Motion #007) 5 Copperfield Satisfaction of Mortgage |
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May 18, 2023 |
EXHIBIT(S) - 2 (Motion #007) 11 Pebble Satisfaction of Mortgage |
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May 11, 2023 |
EXHIBIT(S) - 7 (Motion #005) Decision and Order dated 9-27-22 |
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May 11, 2023 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #005) Plaintiff's Memorandum of Law In Opposition to Defendants Makan Delrahim's and Baharak Amirian's Motion for Summary Judgment |
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May 11, 2023 |
EXHIBIT(S) - 6 (Motion #005) Makan Text Message 2 |
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May 11, 2023 |
RESPONSE TO STATEMENT OF MATERIAL FACTS (Motion #005) Plaintiff's Responses to Defendants Rule 19-a Statement of Material Facts |
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May 11, 2023 |
EXHIBIT(S) - 4 (Motion #005) Makan Text Message 1 |
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May 11, 2023 |
EXHIBIT(S) - 3 (Motion #005) Defendants' Memorandum of Law In Opposition to Motion for Preliminary Injunction and In Support of Cross-Motion To Dismiss The Complaint |
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May 11, 2023 |
EXHIBIT(S) - 5 (Motion #005) xxxxxxx Email dated may 12, 2022 |
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May 11, 2023 |
EXHIBIT(S) - 2 (Motion #005) Affidavit of xxxxxxx xxxxx In Opposition to Plaintiff's Motion For A Preliminary Injunction and In Support of Defendants' Cross Motion to Dismiss The Complaint |
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May 11, 2023 |
EXHIBIT(S) - 1 (Motion #005) Complaint |
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May 11, 2023 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #005) Affirmation of Daniel E. Shapiro in Opposiiton to Trustee Defendants' Motion for Summary Judgment dated May 11, 2023 |
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May 05, 2023 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE Notice of Appeal from Decision and Order, dated April 4, 2023 and entered on April 5, 2023 |
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May 04, 2023 |
EXHIBIT(S) - 10 (Motion #007) Order dated April 4, 2023 |
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May 04, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #007) Memorandum of Law in Support of Motion for Leave to Reargue and Renew Motion 3 and In Opposition to Defendants OTSC to Vacate Preliminary Injunction |
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May 04, 2023 |
EXHIBIT(S) - 7 (Motion #007) Conformed Order to Show Cause |
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May 04, 2023 |
EXHIBIT(S) - 12 (Motion #007) Notice of Entry for Amended Decision and Order dated April 4, 2023 |
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May 04, 2023 |
EXHIBIT(S) - 11 (Motion #007) Amended Decision dated April 4, 2023 |
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May 04, 2023 |
EXHIBIT(S) - 4 (Motion #007) Defendants' Memorandum of Law in Support of Order to Show Cause |
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May 04, 2023 |
EXHIBIT(S) - 8 (Motion #007) Memorandum of Law in Opposition |
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May 04, 2023 |
EXHIBIT(S) - 1 (Motion #007) Summons and Complaint dated June 6, 2022 |
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May 04, 2023 |
EXHIBIT(S) - 6 (Motion #007) Affidavit in Opposition of xxxxxxx xxxxx in Support of Motion |
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May 04, 2023 |
EXHIBIT(S) - 5 (Motion #007) Affirmation in Support of Defendant's Order to Show Cause to Modify Preliminary Injunction with Exhibit A |
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May 04, 2023 | NOTICE OF CROSS-MOTION (Motion #007) | ||
May 04, 2023 |
EXHIBIT(S) - 3 (Motion #007) Order to Show Cause dated October 13, 2022 |
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May 04, 2023 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #007) Affirmation of Daniel E. Shapiro, Esq. in Support Plaintiff's Cross-Motion to Reargue and Renew and In Opposition to Defendants'' Order to Show Cause |
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May 04, 2023 |
EXHIBIT(S) - 2 (Motion #007) Decision and Order dated September 27, 2022 |
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May 04, 2023 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #007) Affidavit of xxxxxx Sekeni in Support of Motion to Reargue and Renew Motion Seq. #3 and In Opposition to Defendants' Order to Show Cause and Opposition to |
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May 04, 2023 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE (Motion #1) Notice of Appeal of Motion Sequence 1 and Motion Sequence 2 |
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May 04, 2023 |
EXHIBIT(S) - 9 (Motion #007) Defendants' Memorandum of Law In Further Support of Motion |
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May 02, 2023 |
ORDER TO SHOW CAUSE - CONFORMED COPY (Motion #6) Conformed Copy of Order to Show Cause to Vacate Preliminary Injunction |
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May 01, 2023 | ORDER TO SHOW CAUSE (Motion #6) | ||
April 27, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #6) Memorandum of Law in Support of Motion to Vacate Preliminary Injunction |
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April 27, 2023 |
ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #6) Proposed Order to Show Cause to Vacate Preliminary Injunction |
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April 27, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #6) Affirmation of David E. Ross in Support of Defendants' Motion to Vacate Preliminary Injunction |
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April 17, 2023 |
STIPULATION - ADJOURNMENT OF MOTION (Motion #005) Stipulation adjourning Motion Seq. 5 |
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April 06, 2023 | Notice of Entry of the Amended Decision and Order, dated April 4, 2023 and entered April 5, 2023 | ||
April 05, 2023 | DECISION + ORDER ON MOTION (Motion #3) | ||
April 05, 2023 |
DECISION + ORDER ON MOTION (Motion #1) Amended Decision and Order Seq 1 & 2 |
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April 05, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #004) Memorandum of Law In Further Support Of Plaintiff's/Counterclaim Defendants' Motion For Partial Summary Judgment And For Protective Order Quashing Non-Party Subpoenas |
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March 29, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #005) Affidavit of Bahakrak Amirian in Support of Motion for Summary Judgment |
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March 29, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #005) Affirmation of Makan Delrahim in Support of Motion for Summary Judgment |
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March 29, 2023 |
STATEMENT OF MATERIAL FACTS (Motion #005) Defendants Makan Delrahim's and Baharak Amirian's Rule 19-a Statement of Material Facts |
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March 29, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #005) Defendants Makan Delrahim's and Baharak Amirian's Memorandum of Law in Support of Motion for Summary Judgment |
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March 29, 2023 |
NOTICE OF MOTION (Motion #005) Notice of Motion for Summary Judgment |
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March 22, 2023 |
STATEMENT OF MATERIAL FACTS (Motion #004) Defendants/Counterclaim-Plaintiffs Response And Counter-Statement To Plaintiffs/Counterclaim Defendants Rule 19-A Statement Of Material Facts |
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March 22, 2023 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #004) Defendants/Counterclaim-Plaintiffs Memorandum Of Law In Opposition To Motion For Partial Summary Judgment And For Protective Order Quashing Non-Party Subpoenas |
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March 08, 2023 | COURT NOTICE | ||
February 22, 2023 | STIPULATION - ADJOURNMENT OF MOTION (Motion #004) | ||
February 13, 2023 | LETTER / CORRESPONDENCE TO JUDGE | ||
February 13, 2023 |
MEMORANDUM OF LAW IN SUPPORT (Motion #004) Memorandum of Law in Support of Plaintiff's /Counterclaim Defendants' Motion for Partial Summary Judgment and For Protective Order Quashing Non-Party Subpoenas |
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February 13, 2023 |
STATEMENT OF MATERIAL FACTS (Motion #004) Plaintiff-Counterclaim Defendants' Rule 19 a- Statement of Material Facts dated February 13, 2023 |
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February 13, 2023 |
EXHIBIT(S) - K (Motion #004) Corporate Info regarding 172 Bargain Liquors |
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February 13, 2023 |
EXHIBIT(S) - J (Motion #004) Good Faith Letter |
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February 13, 2023 |
EXHIBIT(S) - I (Motion #004) Farideh Subpoena |
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February 13, 2023 |
EXHIBIT(S) - H (Motion #004) xxxxx Subpoena |
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February 13, 2023 |
EXHIBIT(S) - G (Motion #004) Shervin Subpoena |
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February 13, 2023 |
EXHIBIT(S) - F (Motion #004) Faraydoon Subpoena |
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February 13, 2023 |
EXHIBIT(S) - E (Motion #004) Fariburz Subpoena |
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February 13, 2023 |
EXHIBIT(S) - D (Motion #004) Kampfer Subpoena |
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February 13, 2023 |
EXHIBIT(S) - C (Motion #004) Reply to Counterclaims dated Nov 14 2022 |
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February 13, 2023 |
EXHIBIT(S) - A (Motion #004) Verified Complaint dated June 2, 2022 |
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February 13, 2023 |
EXHIBIT(S) - B (Motion #004) xxxxxxx xxxxx Answer and CC dated Oct. 24 2022 |
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February 13, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #004) Affirmation of Daniel E. Shapiro in Support of Motion for partial Summary Judgment and For Protective Order Quashing Non-Party Subpoenas dated February 13, 2023 |
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February 13, 2023 |
NOTICE OF MOTION (Motion #004) Notice of Motion |
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January 27, 2023 |
PRELIMINARY CONFERENCE REQUEST Request for Preliminary Conference |
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December 19, 2022 |
RESPONSE TO DEMAND Letter enclosing xxxxxx xxxxxx's Responses and Objections to xxxxxxx xxxxx's First Set of Interrogatories |
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November 15, 2022 |
NOTICE OF APPEARANCE (POST RJI) Notice of Appearance of Michael Pecorini |
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November 15, 2022 |
MEMORANDUM OF LAW IN REPLY (Motion #3) Defendants' Reply Memorandum of Law in Further Support of Order to Show Cause to Modify Preliminary Injunction to Require Posting of Undertaking as Required by CPLR 6312(b) |
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November 14, 2022 |
REPLY TO COUNTERCLAIM(S) Counterclaim- Defendant's Reply to Defendant xxxxxxx xxxxx's Counterclaims |
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November 14, 2022 |
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #3) Counterclaim- Defendant's Reply to Defendant xxxxxxx xxxxx's Counterclaims |
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November 04, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE re: 172 Bargain Liquors |
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October 31, 2022 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #3) Memorandum of Law in Opposition to Defendants' Order to Show Cause to Modify Preliminary Injunction to Require Posting of Undertaking |
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October 27, 2022 | SUMMONS-SUPPLEMENTAL (POST RJI) | ||
October 25, 2022 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE Notice of Appeal from Decision and Order dated September 27, 2022 and entered on October 3, 2022 |
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October 24, 2022 |
ANSWER Defendant Makan Delrahims Answer To The Complaint |
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October 24, 2022 |
ANSWER Defendant Baharak Amirians Answer To The Complaint |
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October 24, 2022 |
ANSWER WITH COUNTER-CLAIM(S) Defendant xxxxxxx Saknis And Nominal Defendant Rockville Corp.s Answer To The Complaint And Counterclaims |
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October 19, 2022 |
STIPULATION - OTHER - ( REQUEST TO SO ORDER ) (Motion #3) Stipulation of Adjournment |
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October 14, 2022 | ORDER TO SHOW CAUSE - CONFORMED COPY (Motion #3) | ||
October 14, 2022 | ORDER TO SHOW CAUSE (Motion #3) | ||
October 11, 2022 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #3) Affidavit Of xxxxxxx xxxxx In Opposition To Plaintiffs Motion For A Preliminary Injunction And In Support Of Defendants Cross-Motion To Dismiss The Complaint |
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October 11, 2022 |
MEMORANDUM OF LAW IN SUPPORT (Motion #3) Defendants Memorandum Of Law In Support Of Order To Show Cause To Modify Preliminary Injunction To Require Posting Of Undertaking As Required By CPLR 6312(B) |
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October 11, 2022 |
EXHIBIT(S) - A (Motion #3) Order |
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October 11, 2022 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #3) Affirmation Of David E. Ross In Support Of Defendants Order To Show Cause To Modify Preliminary Injunction To Require Posting Of Undertaking As Required By CPLR 6312(B) |
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October 11, 2022 | ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #3) | ||
October 11, 2022 | STIPULATION - TIME TO ANSWER | ||
October 05, 2022 | STIPULATION - SO ORDERED | ||
October 03, 2022 |
NOTICE OF ENTRY (Motion #1) *Corrected* Notice of Entry - Decision & Order |
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October 03, 2022 |
DECISION + ORDER ON MOTION (Motion #1) seq 1 & 2 |
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September 29, 2022 |
STIPULATION - OTHER - ( REQUEST TO SO ORDER ) Stipulation and Order dated September 29, 2022 |
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June 28, 2022 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Justice Gianelli from David E. Ross dated June 28, 2022 in response to Plaintiffs letter filed June 28, 2022 [NYSCEF No. 57] |
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June 28, 2022 |
LETTER / CORRESPONDENCE TO JUDGE Letter from Daniel E. Shapiro, Esq. to Hon. Sharon M\.J. Gianelli regarding sur-reply letter submitted by defendants on June 27, 2022 |
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June 27, 2022 |
LETTER / CORRESPONDENCE TO JUDGE Letter to Judge Gianelli from David E. Ross re: Recent Second Department Decision |
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June 16, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) ffidavit of Service of Order to Show Cause for Preliminary Injunction with TRO, Supporting Affidavit with Exhibits and Summons and Verified Complaint and RJI upon Baharak Amirian together with Affidavit of Mailing |
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June 16, 2022 | hearing |
Held
Judge: Gianelli, Hon. Sharon M.J. |
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June 16, 2022 | hearing |
Fully Submitted (Motion #002)
Judge: Gianelli, Hon. Sharon M.J. |
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June 16, 2022 | hearing |
Fully Submitted (Motion #001) In Person Judge: Gianelli, Hon. Sharon M.J. |
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June 16, 2022 | hearing |
(Motion #002)
Judge: Gianelli, Hon. Sharon M.J. |
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June 15, 2022 |
EXHIBIT(S) - H (Motion #002) xxxxxxx Email regarding distributions |
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June 15, 2022 |
EXHIBIT(S) - B (Motion #002) Letter from xxxxxxx to xxxxxx |
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June 15, 2022 |
EXHIBIT(S) - F (Motion #002) ASIE Correspondence and Filing |
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June 15, 2022 |
MEMORANDUM OF LAW IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002) Memorandum of Law in Opposition to Defendants' Cross-Motion to Dismiss the Verified Complaint and in Further Support of Plaintiff's Motion for Injunctive Relief |
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June 15, 2022 |
EXHIBIT(S) - I (Motion #002) Text Message from Makan |
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June 15, 2022 |
EXHIBIT(S) - A (Motion #002) Petition for Probate |
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June 15, 2022 |
EXHIBIT(S) - G (Motion #002) Text Message from Makan |
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June 15, 2022 |
EXHIBIT(S) - E (Motion #002) Tax Certiorari Authorization |
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June 15, 2022 |
EXHIBIT(S) - D (Motion #002) Bank Statements and Correspondence Bank Statements and Correspondence Redacted |
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June 15, 2022 |
EXHIBIT(S) - C (Motion #002) Real Estate Tax Correspondence |
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June 15, 2022 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION AND IN FURTHER SUPPORT OF MOTION (Motion #002) Affidavit of xxxxxx xxxxxx in Opposition to Motion to Dismiss and in Further Support of Motion for a Preliminary Injunction |
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June 14, 2022 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1) Affidavit of Service of Order to Show Cause for Preliminary Injunction with TRO and Supporting Affidavit, Exhibits, Summons and Verified Complaint upon Makan Delrahim |
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June 14, 2022 | Motion |
Dismiss (Motion #002) Before Justice: Gianelli, Hon. Sharon M\.J. Answer demanded: No Judge: Gianelli, Hon. Sharon M.J. |
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June 13, 2022 |
EXHIBIT(S) - 13 (Motion #002) 2005 Rockville Corp. Tax Return 2005 Rockville Corp. Tax Return Redacted |
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June 13, 2022 |
EXHIBIT(S) - 11 (Motion #002) Composite Exhibit of Comms. to Rockville Corp. & xxxx Composite Exhibit of Comms. to Rockville Corp. & xxxx Redacted |
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June 13, 2022 |
EXHIBIT(S) - 5 (Motion #002) Deed Recording for 172 Sunrise Highway |
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June 13, 2022 |
EXHIBIT(S) - 10 (Motion #002) Composite Exhibit of Comms. to Rockville Corp. at xxxxxxx's Address |
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June 13, 2022 |
EXHIBIT(S) - 4 (Motion #002) Closing Documents for 172 Sunrise Highway |
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June 13, 2022 |
EXHIBIT(S) - 9 (Motion #002) Appraisal of Rockville Corp. for Estate Tax Purposes Possible SSN Administratively Redacted Appraisal of Rockville Corp. for Estate Tax Purposes Possible SSN Administratively Redacted |
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June 13, 2022 |
EXHIBIT(S) - 3 (Motion #002) Rockville Corp. Certificate of Incorporation |
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June 13, 2022 |
EXHIBIT(S) - 7 (Motion #002) Refinance Mortgage Loan Documents |
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June 13, 2022 |
EXHIBIT(S) - 2 (Motion #002) NYS Div of Corporations page for Rockville |
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June 13, 2022 |
EXHIBIT(S) - 8 (Motion #002) Estate Tax Documents Estate Tax Documents Redacted |
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June 13, 2022 |
EXHIBIT(S) - 6 (Motion #002) Closing Documents for 170 Sunrise Highway |
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June 13, 2022 |
EXHIBIT(S) - 1 (Motion #002) Rockville Corp. Incorporation |
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June 13, 2022 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002) Affidavit Of xxxxxxx xxxxx In Opposition To Plaintiffs Motion For A Preliminary Injunction And In Support Of Defendants Cross-Motion To Dismiss The Complaint |
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June 13, 2022 |
EXHIBIT(S) - B (Motion #002) xxxxxx Af |
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June 13, 2022 |
EXHIBIT(S) - A (Motion #002) Complaint |
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June 13, 2022 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002) Affirmation Of David E. Ross In Opposition To Plaintiffs Motion For A Temporary Restraining Order And Preliminary Injunction And In Support Of Defendants Cross-Motion To Dismiss |
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June 13, 2022 |
MEMORANDUM IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002) Defendants Memorandum Of Law In Opposition To Motion For Preliminary Injunction And In Support Of Cross-Motion To Dismiss The Complaint |
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June 13, 2022 |
NOTICE OF CROSS-MOTION (Motion #002) *Corrected* Notice Of Cross-Motion To Dismiss |
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June 13, 2022 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002) Affidavit Of Makan Delraiiim In Opposition To Plaintiff's Motion For Preliminary Injunction And In Support Of Defendants' Cross-Motion To Dismiss The Complaint |
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June 13, 2022 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION AND IN SUPPORT OF CROSS-MOTION (Motion #002) Affidavit Of Baharak Amirian In Opposition To Plaintiff's Motion For A Preliminary Injunction And In Support Of Defendants' Cross-Motion To Dismiss The Complaint |
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June 13, 2022 |
EXHIBIT(S) - 15 (Motion #002) 2018 Rockville Corp. Tax Return 2018 Rockville Corp. Tax Return Redacted |
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June 13, 2022 |
EXHIBIT(S) - 12 (Motion #002) 2002 Rockville Corp. Tax Return Possible SSN Administratively Redacted 2002 Rockville Corp. Tax Return Possible SSN Administratively Redacted |
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June 13, 2022 |
EXHIBIT(S) - 17 (Motion #002) 2020 Rockville Corp. Tax Return 2020 Rockville Corp. Tax Return Redacted |
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June 13, 2022 |
EXHIBIT(S) - 14 (Motion #002) 2007 Rockville Corp. Tax Return 2007 Rockville Corp. Tax Return Redacted |
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June 13, 2022 |
EXHIBIT(S) - 16 (Motion #002) 2019 Rockville Corp. Tax Return 2019 Rockville Corp. Tax Return Redacted |
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June 07, 2022 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #1) Letter addressed to Judge Gianelli from David E. Ross re: Merits of the TRO Application |
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June 07, 2022 | ORDER TO SHOW CAUSE (Motion #1) | ||
June 07, 2022 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #1) Letter addressed to Judge Gianelli from David E. Ross requesting to be heard on plaintiff's application for a TRO/preliminary injunction |
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June 06, 2022 |
NOTICE OF APPEARANCE (PRE RJI) Notice Of Appearance of David E. Ross on behalf of Defendants xxxxxxx xxxxx, Makan Delrahim, Baharak Amirian, & Rockville Corp. |
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June 06, 2022 |
NOTICE OF APPEARANCE (PRE RJI) Notice Of Appearance of Michael S. Beck on behalf of Defendants xxxxxxx xxxxx, Makan Delrahim, Baharak Amirian, & Rockville Corp. |
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June 03, 2022 |
NOTICE OF APPEARANCE (PRE RJI) Notice of Appearance for Elizabeth S. Sy, Esq. |
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June 02, 2022 | ADDENDUM - COMMERCIAL DIVISION (840C) | ||
June 02, 2022 | RJI -RE: ORDER TO SHOW CAUSE | ||
June 02, 2022 | Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction | ||
June 02, 2022 |
EXHIBIT(S) - A Notification of Order to Show Cause |
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June 02, 2022 |
AFFIRMATION Emergency Affirmation |
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June 02, 2022 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP N. xxxxxx Affidavit in Support |
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June 02, 2022 |
EXHIBIT(S) - C Checks - Redacted Checks - Redacted Redacted |
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June 02, 2022 |
EXHIBIT(S) - B Check to NYS Liquor Authority - Redacted Check to NYS Liquor Authority - Redacted Redacted |
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June 02, 2022 |
EXHIBIT(S) - A Certificate of Incorporation |
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June 02, 2022 |
ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) (Motion #1) Proposed Order to Show Cause |
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June 02, 2022 |
SUMMONS + COMPLAINT Summons and Verified Complaint |
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June 02, 2022 | Motion |
Injunction/Restraining Order (Motion #001) Before Justice: Gianelli, Hon. Sharon M\.J. Answer demanded: No Judge: Gianelli, Hon. Sharon M.J. |