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RICHARD IMOSSI 14 WALL STREET
212-323-7070 27TH FLOOR
NEW YORK, NY 10005
TELEPHONE:(212) 323-7070
FACSIMILE:(212) 323-7099
June 7, 2023
Hon. Nancy T. Sunshine
360 Adams Street, Ex-Parte/Part 72 Room 295
Brooklyn, New York 11201
Re: Antonio Espinosa v. Mac 60 LLC et al
Index No.: 515277/2018
Our File No: 805030
Dear Honorable Sir or Madam,
This office submitted an Order to Show Cause in the above-referenced case
yesterday. Thereafter, we were advised by Afaf Sulieman, Esq. of Kiernan Trebach LLP,
counsel for Defendants/Third Party Plaintiffs MAC 60 LLC and Royal Home Improvements,
Inc., that his firm’s predecessor counsel was erroneously included in the Order to Show Cause
instead of his current firm. Hence, enclosed please find an Amended Order to Show Cause,
which includes the correct counsel information for the aforesaid parties. Kindly accept this
Amended Order to Show Cause and exchange it in lieu of the Order to Show Cause filed
yesterday. Thank you for your attention to this matter.
Respectfully Submitted,
/s/
Richard Imossi
Enclosures
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At IAS Part ___ of the Supreme
Court of the State of New York, held
in and for the County of Kings
on the ___ day of ________, 2023
P R E S E N T:
HON. ____________________________
Justice of the Supreme Court
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ANTONIO ESPINOSA, Index No.: 515277/2018
Plaintiff, AMENDED ORDER TO
SHOW CAUSE
-against-
MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
Defendants.
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MAC 60 LLC and ROYAL HOME IMPROVEMENTS, INC.
Third-Party Plaintiff,
-against-
GILMAR DESIGN CORPORATION,
Third-Party Defendant.
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WARNING: YOUR FAILURE TO APPEAR IN COURT MAY RESULT IN
YOUR IMMEDIATE ARREST AND IMPRISONMENT FOR CONTEMPT
OF COURT.
PLEASE TAKE NOTICE THAT THE PURPOSE OF THIS HEARING IS
TO PUNISH THE ACCUSED, ALPHA 3T MRI FOR A CONTEMPT OF
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COURT AND SUCH PUNISHMENT MAY CONSIST OF FINE OR
IMPRISONMENT OR BOTH ACCORDING TO LAW.
NOW Upon the annexed affirmation of Richard Polner, Esq., attorney for Third party
Defendant GILMAR DESIGN CORPORATION in this action, dated _________, together with
the papers attached to this Order to Show Cause,
LET the accused Alpha 3T MRI, show cause before this Court at Ex-Parte/Part 72 Room
295, hereof to be held at the Courthouse located at 360 Adams Street, Brooklyn, New York 11201
on _______________, at 9:30 a.m. or as soon thereafter as the parties can be heard, why an Order
should not be granted:
1. Holding non-party Alpha 3T MRI, in Contempt of Court for willful refusal to comply with
a subpoena duces tecum issued by an officer of the court seeking the imaging, records,
information, and raw data set forth in the subpoena duces tecum.
2. Imposing costs and fines upon the non-party Alpha 3T MRI for its contempt of court and
failure to obey the subpoena duces tecum issued by an officer of the court seeking the
imaging and data set forth in the subpoena duces tecum.
3. Precluding any party from offering at trial any evidence or testimony by any witness, expert
or otherwise, pertaining to any records, documents, information, raw data, diagnostic
studies, testing, or films from Alpha 3T MRI or introducing at trial any records, documents,
information, raw data, diagnostic studies, testing, or films from Alpha 3T MRI.
SUFFICIENT CAUSE APPEARING THEREFOR,
ORDERED, that service of a copy this Order, together with the papers upon which it is
based, upon non-party Alpha 3T MRI by certified mail at its last known address, 145 East 32nd
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Street, New York, NY 10016, and upon Jacob Oresky, Esq., ORESKY & ASSOCIATES, PLLC,
located at 149 East 149th Street Bronx, NY 10451, counsel for Plaintiff and Afaf Sulieman, Esq.
Kiernan Trebach LLP, located at 1305 Franklin Avenue, Suite 301, Garden City, NY 11530,
attorneys for Defendants/Third Party Plaintiffs MAC 60 LLC and Royal Home Improvements,
Inc., via NYSCEF, on or before the ____ day of _____, 2023, be deemed good and sufficient
service.
E N T E R:
__________________________________________
J.S.C.
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