On July 14, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
BOIES
SCHILLER
FLEXNER
May 17, 2019
Via NYSECF
Hon. Linda S. Jamieson
Supreme Court of the State of New York
Westchester County
111 Dr. Martin Luther King, Jr. Blvd.
White Plains, N.Y. 10601
Re: Goldstein et al. v. Houlihan/Lawrence Inc.,
No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.)
Dear Justice Jamieson:
We write in response to Houlihan Lawrence's request for a pre-motion con
pleading,"
concerñing its proposed motion to require Plaintiffs to "revise the purport
pursuant to CPLR 3013, 3014, and 3024.
CPLR 3024 governs motions to correct pleadings and permits motions (a)
statement"
definitive or "to strike scandalous or prej'1ainid matter
(b) any unnecessarily
pleading."
in a Such a motion must be brought "within twenty days after service
pleading." Plaintiffs'
challenged CPLR 3024(c). The vast majority of allegations
Plaintiffs'
more than 10 months ago, and all of substantive allegations were served
months ago. Houlihan Lawrence does not seek a more definitive statement, and
Plaintiffs'
that any of the new allegations in Second Añ1ended Complaint, clarifying
Plaintiffs Ellyn and Tony Berk bring this action in their capacity as Administrators
matter."
mother's estate, contain "scandalous or prejudicial Houlihan Lawrence's
motion not only is untimely, but also appears to be completely without merit in la
litigation."
"undertaken primarily to delay or prolong the resolution of the 22 NY
1.1(c).
To avoid rewarding Houlihan Lawrence's delay tactic, Plaintiffs respectfully
the Court set the pre-motion conference as soon as possible, and in the event Houlih
Document Filed Date
May 17, 2019
Case Filing Date
July 14, 2018
Category
Commercial Division
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BOIES SCHILLER FLEXNER May 17, 2019 Via NYSECF Hon. Linda S. Jamieson Supreme Court of the State of New York Westchester County 111 Dr. Martin Luther King, Jr. Blvd. White Plains, N.Y. 10601 Re: Goldstein et al. v. Houlihan/Lawrence Inc., No. 60767/2018 (N.Y. Sup. Ct., Westchester Cty.) Dear Justice Jamieson: We write in response to Houlihan Lawrence's request for a pre-motion con pleading," concerñing its proposed motion to require Plaintiffs to "revise the purport pursuant to CPLR 3013, 3014, and 3024. CPLR 3024 governs motions to correct pleadings and permits motions (a) statement" definitive or "to strike scandalous or prej'1ainid matter (b) any unnecessarily pleading." in a Such a motion must be brought "within twenty days after service pleading." Plaintiffs' challenged CPLR 3024(c). The vast majority of allegations Plaintiffs' more than 10 months ago, and all of substantive allegations were served months ago. Houlihan Lawrence does not seek a more definitive statement, and Plaintiffs' that any of the new allegations in Second Añ1ended Complaint, clarifying Plaintiffs Ellyn and Tony Berk bring this action in their capacity as Administrators matter." mother's estate, contain "scandalous or prejudicial Houlihan Lawrence's motion not only is untimely, but also appears to be completely without merit in la litigation." "undertaken primarily to delay or prolong the resolution of the 22 NY 1.1(c). To avoid rewarding Houlihan Lawrence's delay tactic, Plaintiffs respectfully the Court set the pre-motion conference as soon as possible, and in the event Houlih