Preview
FILED: KINGS COUNTY CLERK 12/10/2020 12:28 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 12/10/2020
Comm 2
At a Term, Part o the Supreme
Court of the State of New York, held
in and for the County of Kings, at the
Courthouse, located at 360 Adams
Street, Brooklyn, New York on the
day of December, 2020
PRESENT: HONARABLE JUSTICE Larry D. Martin
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------- X
CHERRY HILL GOURMET, INC.
Plaintiff Index No.: 510844/2016
-against-
ORDER TO SHOW CAUSE
LUNDY'S MANAGEMENT CORP.,
Defendant.
---------------------------------------------------------------X
LUNDY'S MANAGEMENT CORP.,
Defendant and
Third-Party Plaintiff,
-against-
SHEEPSHEAD RESTAURANT ASSOCIATES INC.,
Third-Party Defendant
---------------------------------------------------------------X
Upon reading and filing the annexed affidavit of George Kaloidis, sworn to December 1,
2020, the affirmation of Alex I.Kleyman, Esq., made on December 1, 2020, the exhibits annexed
hereto, and upon allthe preceedings heretofore had herein, and sufficient cause appearing
therefor,
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FILED: KINGS COUNTY CLERK 12/10/2020 12:28 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 12/10/2020
Let Sheepshead Restaurant Associates, or its attorneys, show cause before one of the
Justices of this Court, to be held in and for the County of Kings at the Courthouse, thereof, 360
Adams Street, Brooklyn, New York, Part _, Room _, on the ___ day of _, 2020,
at 9:30 a.m., or as soon thereafter as counsel can be heard, why an order should not be made and
entered,
a) Pursuant to CPLR 321, substituting Alex I.Kleyman as the
for Sheepshead Restaurant Inc - Defendant in the
attorney Associates, third-party
above captioned action; and
b) For a declaratory judgment that all claims between Lundy's and
Sheepshead, pending under Index No.: 510844/2016 are hereby settled and resolved
accordiñg to the terms of the attached Setdement Agreement; or, in the alternative
c) Pursuant to CPLR 2201, staying the above-captioned proceedings
for a time period the Court deems appropriate; and
(d) For costs associated with bringing this motion pursuant to 22
NYCRR § 130-1.1; and
e) For such other and further relief as to thisCourt may appear just,
proper, and equitable.
SUFFICIENT CAUSE APPEARING THEREFOR, let service of a copy of this Order
to Show Cause, together with the papers upon which itwas granted, upon Hagan Coury &
Associates via electronic mail as shown below and upon all appearing parties via NYSCEF, on
or before the ___ day of _, 2020, be deemed good and sufficient service thereof.
DENIED bring appropriate action to determine control of
Sheepshead Restaurant Associates, Inc.
LDM
J.S.C.
2 of 2
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FILED: KINGS COUNTY CLERK 12/10/2020 12:28 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 12/10/2020 Comm 2 At a Term, Part o the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Brooklyn, New York on the day of December, 2020 PRESENT: HONARABLE JUSTICE Larry D. Martin SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------- X CHERRY HILL GOURMET, INC. Plaintiff Index No.: 510844/2016 -against- ORDER TO SHOW CAUSE LUNDY'S MANAGEMENT CORP., Defendant. ---------------------------------------------------------------X LUNDY'S MANAGEMENT CORP., Defendant and Third-Party Plaintiff, -against- SHEEPSHEAD RESTAURANT ASSOCIATES INC., Third-Party Defendant ---------------------------------------------------------------X Upon reading and filing the annexed affidavit of George Kaloidis, sworn to December 1, 2020, the affirmation of Alex I.Kleyman, Esq., made on December 1, 2020, the exhibits annexed hereto, and upon allthe preceedings heretofore had herein, and sufficient cause appearing therefor, 1 of 2 FILED: KINGS COUNTY CLERK 12/10/2020 12:28 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 676 RECEIVED NYSCEF: 12/10/2020 Let Sheepshead Restaurant Associates, or its attorneys, show cause before one of the Justices of this Court, to be held in and for the County of Kings at the Courthouse, thereof, 360 Adams Street, Brooklyn, New York, Part _, Room _, on the ___ day of _, 2020, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an order should not be made and entered, a) Pursuant to CPLR 321, substituting Alex I.Kleyman as the for Sheepshead Restaurant Inc - Defendant in the attorney Associates, third-party above captioned action; and b) For a declaratory judgment that all claims between Lundy's and Sheepshead, pending under Index No.: 510844/2016 are hereby settled and resolved accordiñg to the terms of the attached Setdement Agreement; or, in the alternative c) Pursuant to CPLR 2201, staying the above-captioned proceedings for a time period the Court deems appropriate; and (d) For costs associated with bringing this motion pursuant to 22 NYCRR § 130-1.1; and e) For such other and further relief as to thisCourt may appear just, proper, and equitable. SUFFICIENT CAUSE APPEARING THEREFOR, let service of a copy of this Order to Show Cause, together with the papers upon which itwas granted, upon Hagan Coury & Associates via electronic mail as shown below and upon all appearing parties via NYSCEF, on or before the ___ day of _, 2020, be deemed good and sufficient service thereof. DENIED bring appropriate action to determine control of Sheepshead Restaurant Associates, Inc. LDM J.S.C. 2 of 2