On November 13, 2018 a
Motion-Secondary
was filed
involving a dispute between
Individually And On Behalf Of All Other Persons Similarly Situated,
Lange Campbell,
and
Donald Berger,
New York Boiler, Inc,
Richard Berger,
for Other Matters - Contract - Other
in the District Court of New York County.
Preview
At IAS Part 23 of the Supreme Court
of the State of New York, held in and
for the County of New York at the
Courthouse located at 60 Centre
Street, Room 543, New York New
York on the ___ day of _________
202___.
PRESENT: HON. W. FRANC PERRY, J.S.C.
Justice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LANGE CAMPBELL, individually and on behalf of Index No.: 160513/2018
all other persons similarly situated,
Plaintiffs,
-against- ORDER TO SHOW CAUSE
NEW YORK BOILER, INC., RICHARD BERGER
and DONALD BERGER,
Defendants.
UPON reading and filing the annexed Affirmation of Lloyd Ambinder, sworn to on
February 15, 2023, and upon all prior papers and proceedings herein, Defendants NEW YORK
BOILER, INC., RICHARD BERGER and DONALD BERGER, and/or any other related or
affiliated entities (collectively “Defendants”) show cause at I.A.S. Part 23, before the Honorable
W. Franc Perry, J.S.C. thereof, at the Supreme Court of the State of New York, County of New
York, at the Courthouse located at 60 Centre Street, New York, New York, on the _____ day of
___________, 2023 at ________.m. of that day, or as soon thereafter as Counsel may be heard,
why an Order should not be made and entered: (1) approving the Settlement Agreement and
Release (the “Agreement”), (ii) certifying the Class for settlement purposes, (iii) directing the
Parties to effectuate the terms of the Agreement in accordance with its terms and conditions, (iv)
dismissing this action against Defendants with prejudice, and (v) for such other and further relief
as the Court deems just and proper.
1
Sufficient cause being alleged therefore, it is ordered that all papers upon which it is based
be served by Plaintiffs’ counsel upon the counsel for Defendants by NYS ECF, email and
______________________ on or before the on or before the ___ day of _____________________
2023, be deemed due and sufficient service. This is an unopposed motion.
E N T E R:
___________________________________
HON. W. FRANC PERRY, J.S.C.
4885-8321-7737, v. 1
2
Document Filed Date
February 27, 2023
Case Filing Date
November 13, 2018
Category
Other Matters - Contract - Other
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