On May 24, 2017 a
Motion-Secondary
was filed
involving a dispute between
Li Qun Diao-Tin,
and
Andersen & Stokke Llc,
Express Trade Capital, Inc.,
Kristian Andersen,
Llanx Llc,
Michael Rolnick,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/05/2019 05:23 PM INDEX NO. 652808/2017
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/05/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LI QUN DIAO-TIN,
Plaintiff,
Index No.: 652808/2017
-against-
APPLICATION FOR
EXPRESS TRADE CAPITAL, INC., MICHAEL
EXTENSION OF TIME
ROLNICK, KRISTIAN ANDERSEN, AND LLANX
TO SERVE REPLY
LLC,
COMMERCIAL DIVISION
Defendants,
Hon. O. Peter Sherwood, Part
-and- 49
Return Date: July 15, 2019
ANDERSEN & STOKKE LLC,
Nominal Defendant.
ANNIE E. CAUSEY, an attorney duly admitted to practice before this Court, pursuant to
Rule 2106 of the Civil Practice Law and Rules (“CPLR”), affirms under penalty of perjury:
1. I am an attorney with Woods Lonergan PLLC, recently retained on July 3, 2019 to
represent Plaintiff LI QUN DIAO-TIN (“Plaintiff”) in the above-captioned action (“Action”).
2. I submit this affirmation on Plaintiff’s behalf pursuant to CPLR § 3012(d) for an
an order extending Plaintiff’s time to serve her reply (“Reply”) to the counterclaims of individual
defendants MICHAEL ROLNICK, KRISTIAN ANDERSEN and corporate defendant LLANX
LLC (“Counterclaimants”), interposed June 14, 2019 (NYSCEF Doc. No. 90) (“Counterclaims”).
3. I seek on Plaintiff’s behalf an extension of the current deadline of July 5, 2019 to
serve the Reply, to and including August 5, 2019, representing an extension of thirty (30) days.
4. This application is made on good cause and with reasonable excuse for the delay as
Woods Lonergan PLLC was only retained in this Action to represent Plaintiff on July 3, 2019.
5. Section 3012(d) of the CPLR provides that “[u]pon the application of a party, the
court may extend the time to … plead … upon such terms as may be just and upon a showing of
reasonable excuse for the delay [.]”
1 of 2
FILED: NEW YORK COUNTY CLERK 07/05/2019 05:23 PM INDEX NO. 652808/2017
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/05/2019
6. I have attempted to contact counsel for Counterclaimants to extend Plaintiff’s
time to serve the Reply by stipulation, but it appears their office is closed for the holiday.
7. I have also attempted to receive the signature of outgoing counsel for Plaintiff,
Donald S. Zakarin, Esq. of Pryor Cashman LLP (“Outgoing Counsel”) on the consent to change
attorney annexed as Exhibit A, but Outgoing Counsel has advised me that he is unable to execute
the consent as he is out of the office until Monday, July 8, 2019. Plaintiff terminated her retention
of Outgoing Counsel.
8. Although Outgoing Counsel replied to me that the Court may have pushed back the
time within which Plaintiff’s Reply is due, he has not responded to my query to identify that
extended date, if any, and there is no record of an extended deadline on the docket for this Action.
9. As incoming counsel, we respectfully request that the Court permit an extended
deadline for Plaintiff to serve her Reply to the Counterclaims to and including August 5, 2019 so
that we are afforded sufficient time to prepare same on reasonable due diligence of this matter and
the Counterclaims. Annexed hereto as Exhibit B is a true and correct copy of my notice of
appearance in the Action.
WHEREFORE, I respectfully seek an order extending the Reply to the Counterclaims
pursuant to CPLR § 3012(d) from July 5, 2019 to August 5, 2019, together with such other and
further relief the Court deems just and proper.
Dated: New York, New York WOODS LONERGAN PLLC
July 5, 2019
/s/ Annie E. Causey
Annie E. Causey, Esq.
280 Madison Ave., Suite 300
New York, New York 10016
T.: 212.684.2500 Ext. 306
acausey@woodslaw.com
Attorneys for Plaintiff
2 of 2
Document Filed Date
July 05, 2019
Case Filing Date
May 24, 2017
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 07/05/2019 05:23 PM INDEX NO. 652808/2017 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LI QUN DIAO-TIN, Plaintiff, Index No.: 652808/2017 -against- APPLICATION FOR EXPRESS TRADE CAPITAL, INC., MICHAEL EXTENSION OF TIME ROLNICK, KRISTIAN ANDERSEN, AND LLANX TO SERVE REPLY LLC, COMMERCIAL DIVISION Defendants, Hon. O. Peter Sherwood, Part -and- 49 Return Date: July 15, 2019 ANDERSEN & STOKKE LLC, Nominal Defendant. ANNIE E. CAUSEY, an attorney duly admitted to practice before this Court, pursuant to Rule 2106 of the Civil Practice Law and Rules (“CPLR”), affirms under penalty of perjury: 1. I am an attorney with Woods Lonergan PLLC, recently retained on July 3, 2019 to represent Plaintiff LI QUN DIAO-TIN (“Plaintiff”) in the above-captioned action (“Action”). 2. I submit this affirmation on Plaintiff’s behalf pursuant to CPLR § 3012(d) for an an order extending Plaintiff’s time to serve her reply (“Reply”) to the counterclaims of individual defendants MICHAEL ROLNICK, KRISTIAN ANDERSEN and corporate defendant LLANX LLC (“Counterclaimants”), interposed June 14, 2019 (NYSCEF Doc. No. 90) (“Counterclaims”). 3. I seek on Plaintiff’s behalf an extension of the current deadline of July 5, 2019 to serve the Reply, to and including August 5, 2019, representing an extension of thirty (30) days. 4. This application is made on good cause and with reasonable excuse for the delay as Woods Lonergan PLLC was only retained in this Action to represent Plaintiff on July 3, 2019. 5. Section 3012(d) of the CPLR provides that “[u]pon the application of a party, the court may extend the time to … plead … upon such terms as may be just and upon a showing of reasonable excuse for the delay [.]” 1 of 2 FILED: NEW YORK COUNTY CLERK 07/05/2019 05:23 PM INDEX NO. 652808/2017 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/05/2019 6. I have attempted to contact counsel for Counterclaimants to extend Plaintiff’s time to serve the Reply by stipulation, but it appears their office is closed for the holiday. 7. I have also attempted to receive the signature of outgoing counsel for Plaintiff, Donald S. Zakarin, Esq. of Pryor Cashman LLP (“Outgoing Counsel”) on the consent to change attorney annexed as Exhibit A, but Outgoing Counsel has advised me that he is unable to execute the consent as he is out of the office until Monday, July 8, 2019. Plaintiff terminated her retention of Outgoing Counsel. 8. Although Outgoing Counsel replied to me that the Court may have pushed back the time within which Plaintiff’s Reply is due, he has not responded to my query to identify that extended date, if any, and there is no record of an extended deadline on the docket for this Action. 9. As incoming counsel, we respectfully request that the Court permit an extended deadline for Plaintiff to serve her Reply to the Counterclaims to and including August 5, 2019 so that we are afforded sufficient time to prepare same on reasonable due diligence of this matter and the Counterclaims. Annexed hereto as Exhibit B is a true and correct copy of my notice of appearance in the Action. WHEREFORE, I respectfully seek an order extending the Reply to the Counterclaims pursuant to CPLR § 3012(d) from July 5, 2019 to August 5, 2019, together with such other and further relief the Court deems just and proper. Dated: New York, New York WOODS LONERGAN PLLC July 5, 2019 /s/ Annie E. Causey Annie E. Causey, Esq. 280 Madison Ave., Suite 300 New York, New York 10016 T.: 212.684.2500 Ext. 306 acausey@woodslaw.com Attorneys for Plaintiff 2 of 2