Preview
At an IAS Part 53 of the Supreme Court of
the State of New York, held in and for the
County of New York, at the courthouse
located at 60 Centre St., New York, NY
10007, on the ___ day of October, 2021.
PRESENT:
--------------------------------------------------------------------X
STELLA STOLPER,
ORDER TO SHOW CAUSE
Plaintiff,
Motion Sequence No. 11
-vs-
Index No. 652352/2018
ZARINA BURBACKI, Justice Assigned:
Defendant. Hon. Andrew S. Borrok, J.S.C.
--------------------------------------------------------------------X
UPON the annexed Affidavit of the Defendant, ZARINA BURBACKI, sworn to the 25th
day of October, 2021, upon the Affirmation of JONATHAN E. NEUMAN, ESQ., attorney for
Defendant, dated October 25, 2021, and the exhibits annexed thereto, and upon all the prior papers
and proceedings heretofore had herein,
LET Plaintiff, or its attorneys, show cause before this Court, at an IAS Part 53, before the
HON. ANDREW S. BORROK, J.S.C., to be held at the Supreme Court, County of New York,
located at 60 Centre St., New York, NY 10007, on the ____ day of _______________, 2021, at
____________ AM in the forenoon of that day or as soon thereafter as counsel can be heard, why
an Order should not be entered: striking Plaintiff’s complaint with prejudice based on Plaintiff’s
tampering with evidence; or alternatively, reserving decision on the motion and ordering the
Plaintiff to turn over her phone to Defendant’s forensic expert so that the phone and messages can
be forensically examined and a report issued thereon, at which point the Court would rule on the
motion; together with such other, further, and different relief as to the Court may seem just and
proper.
Page 1 of 2
SUFFICIENT REASON APPEARING THEREFOR,
ORDERED that service of a copy of this order and the papers upon which it is based, by
NYSCEF filing to Plaintiff’s attorney, on or before ______________, 2021, be deemed good and
sufficient service; and it is further
ORDERED that opposition papers, if any, shall be served and filed with the Court on or
before _____________, 2021, and that reply papers, if any, shall be served and filed with the
Court on or before _____________, 2021.
ENTER:
____________________________________
, J.S.C.
Page 2 of 2
Preview
At an IAS Part 53 of the Supreme Court of the State of New York, held in and for the County of New York, at the courthouse located at 60 Centre St., New York, NY 10007, on the ___ day of October, 2021. PRESENT: --------------------------------------------------------------------X STELLA STOLPER, ORDER TO SHOW CAUSE Plaintiff, Motion Sequence No. 11 -vs- Index No. 652352/2018 ZARINA BURBACKI, Justice Assigned: Defendant. Hon. Andrew S. Borrok, J.S.C. --------------------------------------------------------------------X UPON the annexed Affidavit of the Defendant, ZARINA BURBACKI, sworn to the 25th day of October, 2021, upon the Affirmation of JONATHAN E. NEUMAN, ESQ., attorney for Defendant, dated October 25, 2021, and the exhibits annexed thereto, and upon all the prior papers and proceedings heretofore had herein, LET Plaintiff, or its attorneys, show cause before this Court, at an IAS Part 53, before the HON. ANDREW S. BORROK, J.S.C., to be held at the Supreme Court, County of New York, located at 60 Centre St., New York, NY 10007, on the ____ day of _______________, 2021, at ____________ AM in the forenoon of that day or as soon thereafter as counsel can be heard, why an Order should not be entered: striking Plaintiff’s complaint with prejudice based on Plaintiff’s tampering with evidence; or alternatively, reserving decision on the motion and ordering the Plaintiff to turn over her phone to Defendant’s forensic expert so that the phone and messages can be forensically examined and a report issued thereon, at which point the Court would rule on the motion; together with such other, further, and different relief as to the Court may seem just and proper. Page 1 of 2 SUFFICIENT REASON APPEARING THEREFOR, ORDERED that service of a copy of this order and the papers upon which it is based, by NYSCEF filing to Plaintiff’s attorney, on or before ______________, 2021, be deemed good and sufficient service; and it is further ORDERED that opposition papers, if any, shall be served and filed with the Court on or before _____________, 2021, and that reply papers, if any, shall be served and filed with the Court on or before _____________, 2021. ENTER: ____________________________________ , J.S.C. Page 2 of 2