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Rxmedical Dynamics Llc, Charlotte Wray, Frank Cerasoli v. Lani Adler Esq.
On September 18, 2019 a special proceedings - cplr article 75 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of New York County. Judge O. Peter Sherwood presiding.
Case Details
Case Number
Filing Date
September 18, 2019
Last Refreshed
October 13, 2023
Filing Location
New York County, NY
Filing Court House
New York County Supreme Court
Category
Special Proceedings - CPLR Article 75
Practice Area
Arbitration
Matter Type
General Arbitration
Case Outcome Type
Disposed
Status
Consolidation
Case Duration
2 months and 15 days
Overview
Petitioners are seeking vacatur of an arbitration award, dated on or about June 20,
2019, obtained in their absence. A copy of that award is attached to this Verified Petition as Ex.
A. In an email dated on or about June 20, 2019, the same day as the award, Ms. Elizabeth
Biberman, the Program Administrator for the Joint Committee on Fee Disputes and Conciliation,
acknowledged that “the client” i.e., Petitioners, were “disadvantaged” by the arbitration, in that
the Petitioners “could not attend and I was unable to confirm that the date was going forward before
I left town.” A copy of that email is attached to this Verified Petition as Ex. B.
In connection with the arbitration, Respondent demanded that Petitioners pay some
$48,841.79 in purported overdue fees, but those fees, if due at all (and Petitioners dispute that any
fees are due whatsoever), are due to Ms. Adler’s former firm, Fensterstock & Partners LLP
(“Fensterstock”), and not to Ms. Adler. A copy of the Fensterstock engagement letter agreement
is attached to this Verified Petition as Ex. C. Regardless, as previously stated, Petitioners owe no
Causes of Action
COUNT I Vacatur – Misconduct and Failure to Follow Procedure – CPLR § 7511(b
Parties
Plaintiffs
Charlotte Wray
Frank Cerasoli
Rxmedical Dynamics Llc
Attorneys for Plaintiffs
Decristofaro, James J.
Defendants
Lani Adler Esq.
Case Documents
NOTIFICATION FROM COURT
Date: Dec 10, 2020
NOTIFICATION FROM COURT
Date: Dec 09, 2020
COURT NOTICE
Date: Dec 04, 2019
DECISION ORDER ON MOTION
Date: Dec 04, 2019
ORDER - CONSOLIDATION
Date: Oct 22, 2019
RJI -RE: NOTICE OF PETITION
Date: Sep 18, 2019
NOTICE OF PETITION (Motion 001)
Date: Sep 18, 2019
MEMORANDUM OF LAW IN SUPPORT
Date: Sep 18, 2019
PETITION
Date: Sep 18, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| December 10, 2020 |
NOTIFICATION FROM COURT CORRECTION TO PRIOR NOTICE |
||
| December 09, 2020 |
NOTIFICATION FROM COURT Notice of Neutral Evaluation Program - Commercial Division - Supreme NY Civil |
||
| December 04, 2019 | Docket Event | COURT NOTICE | |
| December 04, 2019 | Docket Event | DECISION + ORDER ON MOTION | |
| December 04, 2019 | hearing |
ADJOURNED (Motion #001) E-FILING SUBMISSIONS CALENDAR PET 
Judge: SHERWOOD, O. PETER |
|
| December 03, 2019 | hearing |
MOTION DECIDED-OPEN APPEARANCE (Motion #001) ADJOURNED FOR WORKING COPIES PET
Judge: SHERWOOD, O. PETER |
|
| November 26, 2019 | Docket Event |
NOTICE OF DISCONTINUANCE (POST RJI) Stipulation of Discontinuance among All Parties |
|
| November 13, 2019 | hearing |
DISPOSED/RESULT OF MOTION STATUS CONFERENCE 49 9:30AM
Judge: SHERWOOD, O. PETER |
|
| October 24, 2019 | hearing |
ADJOURNED (Motion #001) E-FILING SUBMISSIONS CALENDAR STIP
Judge: SHERWOOD, O. PETER |
|
| October 22, 2019 | Docket Event | ORDER - CONSOLIDATION | |
| October 17, 2019 | Docket Event |
STIPULATION - ADJOURNMENT OF MOTION -IN SUBMISSIONS PART -RM 130 (Motion #001) Stipulation Adjourning Motion Return Date to December 4, 2019 |
|
| September 20, 2019 | Motion |
VACATE OR MODIFY AWARD (Motion #001) Decided: 12/03/2019CASE DISPOSED Before Justice: SHERWOOD, O. PETER Answer demanded: Yes
Judge: SHERWOOD, O. PETER |
|
| September 18, 2019 | Docket Event | ADDENDUM - GENERAL (840A) | |
| September 18, 2019 | Docket Event | RJI -RE: NOTICE OF PETITION | |
| September 18, 2019 | Docket Event |
NOTICE OF PETITION (Motion #001) Notice of Petition to Vacate Arbitration Award |
|
| September 18, 2019 | Docket Event | Memorandum of Law in Support of Verified Petition to Vacate Arbitration Award | |
| September 18, 2019 | Docket Event |
EXHIBIT(S) - D Arbitrator and Administrator confusion |
|
| September 18, 2019 | Docket Event |
EXHIBIT(S) - C Fensterstock Engagement Letter Agreement |
|
| September 18, 2019 | Docket Event |
EXHIBIT(S) - B Biberman email acknowledging disadvantage |
|
| September 18, 2019 | Docket Event |
EXHIBIT(S) - A Arbitration Award |
|
| September 18, 2019 | Docket Event |
PETITION Verified Petition to Vacate Arbitration Award |
