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FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 330 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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PAMELA GOLDSTEIN,
ELLYN & TONY BERK, NOTICE OF MOTION
and PAUL BENJAMIN, on behalf of themselves
and all others similarly situated, Index No. 60767/2018
Plaintiffs, Hon. Linda S. Jamieson
-against-
HOULIHAN/LAWRENCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that upon the annexed affidavit of Philip M. Halpern, sworn
to on October 30, 2018, affidavit of Nicole Corrado, sworn to on October 30, 2018, affidavit of
Geoffrey Berry, sworn to on October 30, 2018, and affidavit of Brian Murray, sworn to on
October 30, 2018, together with all of the exhibits annexed hereto, the accompanying
Memorandum of Law dated October 30, 2018, and all prior pleadings and proceedings
heretoforehad herein, defendant Houlihan/Lawrence Inc. ("Defendant") will move this Court at
the Commercial Part of the Supreme Court, County of Westchester, at the Courthouse located at
111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601, on the 7th day of
December, 2018 at 9:30 a.m. or as soon thereafter as counsel can be heard for an Order pursuant
to CPLR §§ 3211(a)(1), (a)(3), and (a)(7) dismissing with prejudice the first through fourth
plaintiffs'
causes of action alleged in Amended Complaint dated October 1, 2018 (the
"Complaint") upon the grounds that there exists documentary evidence which flatly contradicts
the causes of action alleged in theComplaint,that plaintiffs Dr. Ellyn Berk and Tony Berk may
not pursue their requested relief by filing suit in their individual capacities, and that the
Complaint failsto state any cause of action upon which relief may be granted, together with such
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FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 330 RECEIVED NYSCEF: 10/30/2018
other, further and different relief that this Court may deem just and proper in the circumstances
and the costs and disbursements of this motion.
Pursuant to the Order and Stipulation dated September 28, 2018 (NYSCEF Doc. No.
154), answering papers, if any, shall be e-filed on or before November 20, 2018, and reply
papers shall be e-filed on or before December 6, 2018.
Dated: White Plains, New York
October 30, 2018
COLLIER HALPERN & NEWBERG, LLP
By:
)
Philip M. Halpern
A Member of the Firm
One North Lexington Avenue
White Plains, New York 10601
(914) 684-6800
Robert D. MacGill (Pro Hac Vice)
Jessica M. Lindemann (Pro Hac Vice)
BARNES & THORNBURG LLP
11 South Meridian Street
Indianapolis, IN 46204
(317) 231-7223
Attorneys for Defendant
To: William Ohlemeyer
Jeremy Vest
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, New York 10504
(914) 749-8305
Attorneys for Plaintiffs
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Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 330 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -------------------------------------------- X PAMELA GOLDSTEIN, ELLYN & TONY BERK, NOTICE OF MOTION and PAUL BENJAMIN, on behalf of themselves and all others similarly situated, Index No. 60767/2018 Plaintiffs, Hon. Linda S. Jamieson -against- HOULIHAN/LAWRENCE INC., Defendant. -----------------------------¬--------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affidavit of Philip M. Halpern, sworn to on October 30, 2018, affidavit of Nicole Corrado, sworn to on October 30, 2018, affidavit of Geoffrey Berry, sworn to on October 30, 2018, and affidavit of Brian Murray, sworn to on October 30, 2018, together with all of the exhibits annexed hereto, the accompanying Memorandum of Law dated October 30, 2018, and all prior pleadings and proceedings heretoforehad herein, defendant Houlihan/Lawrence Inc. ("Defendant") will move this Court at the Commercial Part of the Supreme Court, County of Westchester, at the Courthouse located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601, on the 7th day of December, 2018 at 9:30 a.m. or as soon thereafter as counsel can be heard for an Order pursuant to CPLR §§ 3211(a)(1), (a)(3), and (a)(7) dismissing with prejudice the first through fourth plaintiffs' causes of action alleged in Amended Complaint dated October 1, 2018 (the "Complaint") upon the grounds that there exists documentary evidence which flatly contradicts the causes of action alleged in theComplaint,that plaintiffs Dr. Ellyn Berk and Tony Berk may not pursue their requested relief by filing suit in their individual capacities, and that the Complaint failsto state any cause of action upon which relief may be granted, together with such 1 of 2 FILED: WESTCHESTER COUNTY CLERK 10/30/2018 08:57 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 330 RECEIVED NYSCEF: 10/30/2018 other, further and different relief that this Court may deem just and proper in the circumstances and the costs and disbursements of this motion. Pursuant to the Order and Stipulation dated September 28, 2018 (NYSCEF Doc. No. 154), answering papers, if any, shall be e-filed on or before November 20, 2018, and reply papers shall be e-filed on or before December 6, 2018. Dated: White Plains, New York October 30, 2018 COLLIER HALPERN & NEWBERG, LLP By: ) Philip M. Halpern A Member of the Firm One North Lexington Avenue White Plains, New York 10601 (914) 684-6800 Robert D. MacGill (Pro Hac Vice) Jessica M. Lindemann (Pro Hac Vice) BARNES & THORNBURG LLP 11 South Meridian Street Indianapolis, IN 46204 (317) 231-7223 Attorneys for Defendant To: William Ohlemeyer Jeremy Vest BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, New York 10504 (914) 749-8305 Attorneys for Plaintiffs 2 2 of 2