Order: Damon Springer v. Eric Villency, Villency Design Group, Llc, 430 West Broadway, Llc, 430 West Broadway, Llc f/k/a VILLENCY DESIGN GROUP, LLC, Villency Contract, Llc, Soulcycle Inc., Soulcycle Holdings, Llc, Soulcycle Intermediate Holdings Llc, Soulcycle Intermediate Holdings Lp, Soulcycle Management, Llc, Equinox Holdings, Inc., Equinox Holdings Llc, Related Equinox Holdings Ii, L.L.C.

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                                FILED: BRONX COUNTY CLERK 12/03/2018 10:28 AM                                                                                 INDEX NO. 28177/2017E
NYSCEF DOC. NO. 65                                                                                                  RECEIVED NYSCEF: 12/03/2018
                                                                                                                                      Mtn. Seq. # 1,2
      SUPREME COURT OF THE STATE OF NEW YOR
      COUNTY OF BRONX: PART 19


      DAMON SPRINGER,                                                                                           Index No.: 28177/2017

                                                                         Plaintiff,

                                             - against -                                                        DECISION and ORDER

      ERIC VILLENCY, VILLENCY DESIGN GROUP, LLC,
      430 WEST BROADWAY, LLC, 430 WEST BROADWAY,
      LLC f/lc/a VILLENCY DESIGN GROUP, LLC, VILLENCY
      CONTRACT, LLC, SOULCYCLE INC., SOULCYCLE
      HOLDINGS, LLC, SOULCYCLE INTERMEDIATE
      HOLDING LLC, SOULCYCLE INTERMEDIATE
      HOLDING LP, SOULCYCLE MANAGEMENT, LLC,
      EQUINOX HOLDINGS, INC., EQUINOX HOLDINGS
      LLC, RELATED EQUINOX HOLDINGS II, L.L.C.,

                                                                          Defendants.


                                                                                                                    PAPERS NUMBERED
      Plaintiff's Notice of Motion, Affirmation, Affidavit in Support, Exhibits (Motion Sequence # I)                     I, 2, 3,4
      Soulcycle Defendants' Notice of Cross-Motion, Affirmations in Support, Memorandum of Law in                         5.6. 7, 8
      Support (Motion Sequence # I)
      Plaintiff's Affirmation in Reply/Opposition with Exhibits to Soulcycle Defendants' Cross-Motion                       9, 10
      (Motion Sequence # I)
      Court Correspondence/Affidavit of Managing Member of Equinox Holdings, LLC. Felix A. Orbe (Motion                      II
      Sequence 4 I)
      Plaintiff's Further Reply Affirmation (Motion Sequence 4 1)                                                            12
      Soulcycle Defendants' Reply Affirmation with Exhibits to Plaintiff's Reply/Opposition (Motion Sequence               13, 14
      It I)
      Plaintiff's Order to Show Cause, Affirmation of Good Faith, Affirmation, Exhibits (Motion Sequence # 2)           IS, 16, 17, 18

           Upon the enumerated papers; oral arguments by the parties on November 27, 2018; and due deliberation; it is
              ORDERED, that Plaintiff's motion for a default judgment is denied (Motion Sequence # 1) as Defendant
      Equinox Holdings, LLC. demonstrated to the satisfaction of the court it had no affiliation or business relationship
      with the other named Defendants nor specifically the similarly named Defendants. In addition, Plaintiff's counsel
      did not articulate a nexus between Plaintiff's injuries and Defendant Equinox Holdings, LLC.; and it is further
              ORDERED, that upon the oral application of Defendant Equinox Holdings, LLC.'s attorney this action is
      discontinued against same; and it is further
              ORDERED, that Soulcycle Defendants' cross-motion seeking sanctions against Plaintiff's attorneys' law
      firm Harris Law, PLLC. is denied; and it is further
             ORDERED, that Plaintiff's motion seeking to quash Soulcycle Defendants' subpoena ad testificcmdum
      dated October 17, 2018, is granted (Motion Sequence # 2) as Plaintiff complied with the precondition of CPLR
      §2304; and it is further
             ORDERED, that Soulcycle's Defendants' subpoena ad testykandum dated October 17, 2018, is vacated
      pursuant to CPLR §3103(a); and it is further
             ORDERED, that the parties shall appear for a compliance conference on January 8,2019, at the Bronx
      County Courthouse located at 851 Grand Concourse Bronx, New York 10451, Part 19 t 9:30 a.m.
                This constitutes the decision and order of the court.
      Dated: 11/28/2018                                                                                               LUCINDO SUAREZ, J.S.0
                                                                                                                LUCINDO SUAREZ, J.S.C.
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