On March 08, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Serge Wroclawski,
and
Fulton Landing, Inc.,
for Special Proceedings - CPLR Article 75
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/26/2022 01:02 PM INDEX NO. 651055/2022
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/26/2022
EXHIBIT A
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/06/2022
08/26/2022 01:31
01:02 PM
PM INDEX
INDEX NO.
NO. 651055/2022
651055/2022
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 38
57 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/06/2022
08/26/2022
1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: CIVIL TERM: PART 17
3 ----------------------------------------------X
SERGE WROCLAWSKI,
4
PLAINTIFF,
5 Index No:
-against- 651055/2022
6
FULTON LANDING, INC.,
7
8 DEFENDANT.
----------------------------------------------X
9 Via Microsoft Teams
May 16, 2022
10
11 B E F O R E:
THE HONORABLE SHLOMO HAGLER
12 J U S T I C E
13 A P P E A R A N C E S:
14 MORRISON COHEN, LLP
Attorneys for the Plaintiff
15 909 Third Avenue
New York, NY 10022
16 BY: Gayle Pollack, Esq.
17
MCELROY DEUTSCHE
18 Attorneys for the Defendant
1300 Mount Kemble Avenue
19 Morristown, NJ 07962
BY: Mark Rosen, Esq.
20
21
22
23
24
VANESSA MILLER
25 Senior Court Reporter
VM
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/06/2022
08/26/2022 01:31
01:02 PM
PM INDEX
INDEX NO.
NO. 651055/2022
651055/2022
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 38
57 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/06/2022
08/26/2022
2
Proceedings
1 THE COURT: This Court had signed an order to show
2 cause with a TRO. At the time this Court signed the TRO,
3 Mr. Rosen and Ms. Pollack jointly came up with the language
4 for the TRO. And I believe, Ms. Pollack, I think that would
5 form the basis for the relief you're seeking now; is that
6 correct?
7 MS. POLLACK: Yes, your Honor.
8 THE COURT: Mr. Rosen, fine?
9 MR. ROSEN: The TRO as modified, correct, your
10 Honor.
11 THE COURT: Okay. So I'm granting the motion
12 without opposition.
13 Ms. Pollack, can you submit an order with the
14 modified language please and on notice to Mr. Rosen?
15 MS. POLLACK: Yes, your Honor.
16 THE COURT: And also, Ms. Pollack, we said it off
17 the record, you had informed the Court that there was a
18 determination by the arbitration panel?
19 MS. POLLACK: It ended up being determined by a
20 single arbitrator, but, yes, your Honor, the award is
21 issued.
22 THE COURT: So an arbitrator rendered a decision
23 on this matter, and I believe you said that you prevailed;
24 is that correct?
25 MS. POLLACK: Yes, your Honor.
VM
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 06/06/2022
08/26/2022 01:31
01:02 PM
PM INDEX
INDEX NO.
NO. 651055/2022
651055/2022
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 38
57 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/06/2022
08/26/2022
3
Proceedings
1 THE COURT: Okay. Order the brief record and
2 submit an order.
3 Thank you. Have a good day, everyone.
4 MS. POLLACK: Thank you, your Honor.
5 **********************************
CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT OF THE ORIGINAL
6 STENOGRAPHIC MINUTES TAKEN OF THIS PROCEEDING.
7
__________________________
8 VANESSA MILLER
Senior Court Reporter
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
VM
Document Filed Date
August 26, 2022
Case Filing Date
March 08, 2022
Category
Special Proceedings - CPLR Article 75
Status
Disposed-Court Date/Application Pending
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Preview
FILED: NEW YORK COUNTY CLERK 08/26/2022 01:02 PM INDEX NO. 651055/2022 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/26/2022 EXHIBIT A FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 08/26/2022 01:31 01:02 PM PM INDEX INDEX NO. NO. 651055/2022 651055/2022 NYSCEF NYSCEF DOC. DOC. NO. NO. 38 57 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 08/26/2022 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL TERM: PART 17 3 ----------------------------------------------X SERGE WROCLAWSKI, 4 PLAINTIFF, 5 Index No: -against- 651055/2022 6 FULTON LANDING, INC., 7 8 DEFENDANT. ----------------------------------------------X 9 Via Microsoft Teams May 16, 2022 10 11 B E F O R E: THE HONORABLE SHLOMO HAGLER 12 J U S T I C E 13 A P P E A R A N C E S: 14 MORRISON COHEN, LLP Attorneys for the Plaintiff 15 909 Third Avenue New York, NY 10022 16 BY: Gayle Pollack, Esq. 17 MCELROY DEUTSCHE 18 Attorneys for the Defendant 1300 Mount Kemble Avenue 19 Morristown, NJ 07962 BY: Mark Rosen, Esq. 20 21 22 23 24 VANESSA MILLER 25 Senior Court Reporter VM FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 08/26/2022 01:31 01:02 PM PM INDEX INDEX NO. NO. 651055/2022 651055/2022 NYSCEF NYSCEF DOC. DOC. NO. NO. 38 57 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 08/26/2022 2 Proceedings 1 THE COURT: This Court had signed an order to show 2 cause with a TRO. At the time this Court signed the TRO, 3 Mr. Rosen and Ms. Pollack jointly came up with the language 4 for the TRO. And I believe, Ms. Pollack, I think that would 5 form the basis for the relief you're seeking now; is that 6 correct? 7 MS. POLLACK: Yes, your Honor. 8 THE COURT: Mr. Rosen, fine? 9 MR. ROSEN: The TRO as modified, correct, your 10 Honor. 11 THE COURT: Okay. So I'm granting the motion 12 without opposition. 13 Ms. Pollack, can you submit an order with the 14 modified language please and on notice to Mr. Rosen? 15 MS. POLLACK: Yes, your Honor. 16 THE COURT: And also, Ms. Pollack, we said it off 17 the record, you had informed the Court that there was a 18 determination by the arbitration panel? 19 MS. POLLACK: It ended up being determined by a 20 single arbitrator, but, yes, your Honor, the award is 21 issued. 22 THE COURT: So an arbitrator rendered a decision 23 on this matter, and I believe you said that you prevailed; 24 is that correct? 25 MS. POLLACK: Yes, your Honor. VM FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 06/06/2022 08/26/2022 01:31 01:02 PM PM INDEX INDEX NO. NO. 651055/2022 651055/2022 NYSCEF NYSCEF DOC. DOC. NO. NO. 38 57 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/06/2022 08/26/2022 3 Proceedings 1 THE COURT: Okay. Order the brief record and 2 submit an order. 3 Thank you. Have a good day, everyone. 4 MS. POLLACK: Thank you, your Honor. 5 ********************************** CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT OF THE ORIGINAL 6 STENOGRAPHIC MINUTES TAKEN OF THIS PROCEEDING. 7 __________________________ 8 VANESSA MILLER Senior Court Reporter 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VM