Preview
FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021
30031
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
PRISCILLA MARTINEZ,
ORDER WITH NOTICE
Plaintiff(s),
OF ENTRY
-against-
Index No.: 154062/2020
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
----------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that annexed is a true and complete copy of the Decision and Order
of Honorable Paul A. Goetz dated March 19, 2021, and duly entered in the office of the Clerk of the within
named Court on March 19, 2021.
Dated: New York, New York
March 23, 2021
Yours, etc.
Maria Zieher_________________
Maria C. Zieher, Esq.
Subin Associates LLP
Attorney for Plaintiff
Priscilla Martinez
150 Broadway, 23rd Floor
New York, New York 10038
(212) 285-3800
Our File No. 30031
TO:
RUBINE + CHA, LLC
Attorneys for Defendant(s)
RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY YORK
CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, New Jersey 07452
1 of 4
FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021
AFFADAVIT OF SERVICE BY EMAIL
STATE OF NEW YORK )
COUNTY OF NEW YORK) SS.:
Danielle Hanson, being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and employed at 150 Broadway,
New York, N.Y. 10038.
On March 23, 2021 deponent served the within ORDER WITH NOTICE OF ENTRY upon:
RUBINE + CHA, LLC
Attorneys for Defendant(s)
RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY YORK
CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, New Jersey 07452
Seth Rubine, srubine@rubinecha.com
by sending a true copy of same to each of them via email at the email addresses designated by each of them, with
delivery receipt requested. A copy of the system delivery receipt notification is attached hereto.
_Danielle Hanson______________
Danielle Hanson
Sworn to before me this
23rd day of March, 2021
Stephanie Bennett
Notary Public, State of New Yok
No. 01BE6152725
Qualified in Queens County
Commission Expires December 10, 2022
NOTARY PUBLIC
Pursuant to the New York Electronic Signatures and Records Act (NYESRA), the electronic signature contained in this
document has been adopted by the signer with the intent to sign the record. Under the NYESRA, it has the same force and
effect as a manual signature.
This document has been notarized pursuant to Executive Order No. 202.7, dated March 19, 2020, which provides for
notarization utilizing audio-video technology
2 of 4
FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021
Index No.: 154062/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------------------------------------------------------------
PRISCILLA MARTINEZ,
Plaintiff(s),
-against-
RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC,
Defendant(s).
ORDER WITH NOTICE OF ENTRY
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff(s)
Office and Post Office Address, Telephone
150 Broadway, 23rd Floor
NEW YORK, NY 10038
TELEPHONE 285-3800
AREA CODE 212
"WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION (FAX)"
Service of a copy of the within is hereby admitted
Dated:,
........................................................
Attorney(s) for
PLEASE TAKE NOTICE
┌─┐
└─┘ That the within is a (certified) true copy of an ORDER entered in the office
NOTICE OF of the clerk of the within named court on, 2021.
ENTRY
┌─┐
└─┘ That an Order of which the within is a true copy will be presented for
NOTICE OF settle to the Hon.one of the judges of the within
SETTLEMENT named court, at on, 2021, at 10:00 a.m.
Dated:
3 of 4
FILED: NEW YORK COUNTY CLERK 03/19/2021
03/24/2021 03:25
02:57 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 33
34 RECEIVED NYSCEF: 03/19/2021
03/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. PAUL A. GOETZ PART IAS MOTION 47EFM
Justice
---------------------------------------------------------------------------------X
INDEX NO. 154062/2020
PRISCILLA MARTINEZ,
MOTION DATE 01/07/2021
Plaintiff,
MOTION SEQ. NO. 001
-v-
RITE AID OF NEW YORK CITY INC.,CATS 3531
DECISION + ORDER ON
BROADWAY, LLC
MOTION
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31
were read on this motion to/for DISMISS .
Upon the foregoing documents, it is
ORDERED that the motion is denied as moot in light of plaintiff’s responses and the
stipulation withdrawing certain claims.
3/19/2021
DATE PAUL A. GOETZ, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED X DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
154062/2020 MARTINEZ, PRISCILLA vs. RITE AID OF NEW YORK CITY INC. Page 1 of 1
Motion No. 001
1
4 of 1
4
Preview
FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021 30031 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X PRISCILLA MARTINEZ, ORDER WITH NOTICE Plaintiff(s), OF ENTRY -against- Index No.: 154062/2020 RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). ----------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that annexed is a true and complete copy of the Decision and Order of Honorable Paul A. Goetz dated March 19, 2021, and duly entered in the office of the Clerk of the within named Court on March 19, 2021. Dated: New York, New York March 23, 2021 Yours, etc. Maria Zieher_________________ Maria C. Zieher, Esq. Subin Associates LLP Attorney for Plaintiff Priscilla Martinez 150 Broadway, 23rd Floor New York, New York 10038 (212) 285-3800 Our File No. 30031 TO: RUBINE + CHA, LLC Attorneys for Defendant(s) RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, New Jersey 07452 1 of 4 FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021 AFFADAVIT OF SERVICE BY EMAIL STATE OF NEW YORK ) COUNTY OF NEW YORK) SS.: Danielle Hanson, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and employed at 150 Broadway, New York, N.Y. 10038. On March 23, 2021 deponent served the within ORDER WITH NOTICE OF ENTRY upon: RUBINE + CHA, LLC Attorneys for Defendant(s) RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, New Jersey 07452 Seth Rubine, srubine@rubinecha.com by sending a true copy of same to each of them via email at the email addresses designated by each of them, with delivery receipt requested. A copy of the system delivery receipt notification is attached hereto. _Danielle Hanson______________ Danielle Hanson Sworn to before me this 23rd day of March, 2021 Stephanie Bennett Notary Public, State of New Yok No. 01BE6152725 Qualified in Queens County Commission Expires December 10, 2022 NOTARY PUBLIC Pursuant to the New York Electronic Signatures and Records Act (NYESRA), the electronic signature contained in this document has been adopted by the signer with the intent to sign the record. Under the NYESRA, it has the same force and effect as a manual signature. This document has been notarized pursuant to Executive Order No. 202.7, dated March 19, 2020, which provides for notarization utilizing audio-video technology 2 of 4 FILED: NEW YORK COUNTY CLERK 03/24/2021 02:57 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/24/2021 Index No.: 154062/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------------------------------------------------------- PRISCILLA MARTINEZ, Plaintiff(s), -against- RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). ORDER WITH NOTICE OF ENTRY SUBIN ASSOCIATES, LLP Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 150 Broadway, 23rd Floor NEW YORK, NY 10038 TELEPHONE 285-3800 AREA CODE 212 "WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION (FAX)" Service of a copy of the within is hereby admitted Dated:, ........................................................ Attorney(s) for PLEASE TAKE NOTICE ┌─┐ └─┘ That the within is a (certified) true copy of an ORDER entered in the office NOTICE OF of the clerk of the within named court on, 2021. ENTRY ┌─┐ └─┘ That an Order of which the within is a true copy will be presented for NOTICE OF settle to the Hon.one of the judges of the within SETTLEMENT named court, at on, 2021, at 10:00 a.m. Dated: 3 of 4 FILED: NEW YORK COUNTY CLERK 03/19/2021 03/24/2021 03:25 02:57 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 33 34 RECEIVED NYSCEF: 03/19/2021 03/24/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. PAUL A. GOETZ PART IAS MOTION 47EFM Justice ---------------------------------------------------------------------------------X INDEX NO. 154062/2020 PRISCILLA MARTINEZ, MOTION DATE 01/07/2021 Plaintiff, MOTION SEQ. NO. 001 -v- RITE AID OF NEW YORK CITY INC.,CATS 3531 DECISION + ORDER ON BROADWAY, LLC MOTION Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 were read on this motion to/for DISMISS . Upon the foregoing documents, it is ORDERED that the motion is denied as moot in light of plaintiff’s responses and the stipulation withdrawing certain claims. 3/19/2021 DATE PAUL A. GOETZ, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED X DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 154062/2020 MARTINEZ, PRISCILLA vs. RITE AID OF NEW YORK CITY INC. Page 1 of 1 Motion No. 001 1 4 of 1 4