On January 10, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Robert Harris,
and
Abc Corps. 1 - 8,
Intimo, Inc.,
John Does 1 - 10,
Moris Zilkha,
Nathan Nathan,
Prestige Employee Administrators Ii, Inc. A K A Prestige Employee Administrators,
Prestige Employee Administrators, Inc. A K A Prestige Employee Administrators,
Tommy Nathan,
for Commercial - Contract
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 12/13/2019 02:35 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/14/2019
MEYERS FRIED-GRODIN, LLP
Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone: (646) 596-1292
E-mail: JMeyers@MfgLegal.com
Attorneys for Plaintiff Robert Harris
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X
ROBERT HARRIS, Plaintiff designates
New York County as the
Place of Trial
Basis of Venue is
Plaintiff, Location of Relevant Events
Index No. 650175/2017
vs. Date Purchased 1/10/2017
INTIMO, INC., NATHAN NATHAN NOTICE OF
individually, TOMMY NATHAN, individually, PLAINTIFF’S MOTION
MORIS ZILKHA, individually, PRESTIGE TO AMEND COMPLAINT
EMPLOYEE ADMINISTRATORS, INC. TO CONFORM TO
a/k/a PRESTIGE EMPLOYEE EVIDENCE
ADMINISTRATORS, PRESTIGE EMPLOYEE
ADMINISTRATORS II, INC. a/k/a PRESTIGE
EMPLOYEE ADMINISTRATORS and JOHN
DOES 1-10, and ABC CORPS. 1-8,
fictitious names for persons or entities whose
present roles and identities are unknown,
Defendants.
--------------------------------------------------------------------------X
PLEASE TAKE NOTICE that, upon the annexed supporting Affirmation of Jonathan Meyers,
Esq., dated December 13, 2019 including the exhibits thereto, and the accompanying Memorandum of
Law Supporting Plaintiff’s Motion to Amend the Complaint to Conform to Evidence dated December
13, 2019, all submitted herewith, and all of the pleadings and proceedings heretofore had in this matter,
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FILED: NEW YORK COUNTY CLERK 12/13/2019 02:35 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/14/2019
and all matters as to which this Court make take judicial notice, Plaintiff Robert Harris will move this
Court, at the Motion Submission Part Courtroom, Room 130, at the Courthouse located at 60 Centre
Street, New York, New York, 10007 on the 6th day of January, 2020 at 9:30 a.m., or as soon thereafter as
counsel can be heard, for an order permitting Plaintiff to Amend his Complaint to add claims for fraud
and promissory estoppel (as set forth in his proposed Second Amended Complaint dated December 13,
2019); all pursuant to the Civil Practice Law and Rules CPLR R 3025(b) and CPLR R 3025(c);
and granting such other relief as the Court deems just, proper, and equitable.
PLEASE TAKE FURTHER NOTICE that, answering papers, if any, are required to be served
on the undersigned not later than seven (7) days before the return date of this motion in accordance with
CPLR 2214(b).
Dated: December 14, 2019
______________________________
Jonathan Meyers, Esq.
Meyers Fried-Grodin LLP
Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Phone: (646) 596-1292
E-mail: JMeyers@MfgLegal.com
Attorneys for Plaintiff Robert Harris
TO: Seth Marcus, Esq. David B. Lichtenberg, Esq.
The Law Offices of Seth L. Marcus Eric T. Baginski, Esq.
670 White Plains Road, Penthouse Fisher & Phillips LLP
Scarsdale, NY 430 Mountain Avenue, Suite 303
10580 Murray Hill, NJ 07974
(seth@slmarcuslaw.com) (dlichtenberg@fisherphillips.com)
(ebaginski@fisherphillips.com)
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FILED: NEW YORK COUNTY CLERK 12/13/2019 02:35 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/14/2019 MEYERS FRIED-GRODIN, LLP Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (646) 596-1292 E-mail: JMeyers@MfgLegal.com Attorneys for Plaintiff Robert Harris SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X ROBERT HARRIS, Plaintiff designates New York County as the Place of Trial Basis of Venue is Plaintiff, Location of Relevant Events Index No. 650175/2017 vs. Date Purchased 1/10/2017 INTIMO, INC., NATHAN NATHAN NOTICE OF individually, TOMMY NATHAN, individually, PLAINTIFF’S MOTION MORIS ZILKHA, individually, PRESTIGE TO AMEND COMPLAINT EMPLOYEE ADMINISTRATORS, INC. TO CONFORM TO a/k/a PRESTIGE EMPLOYEE EVIDENCE ADMINISTRATORS, PRESTIGE EMPLOYEE ADMINISTRATORS II, INC. a/k/a PRESTIGE EMPLOYEE ADMINISTRATORS and JOHN DOES 1-10, and ABC CORPS. 1-8, fictitious names for persons or entities whose present roles and identities are unknown, Defendants. --------------------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed supporting Affirmation of Jonathan Meyers, Esq., dated December 13, 2019 including the exhibits thereto, and the accompanying Memorandum of Law Supporting Plaintiff’s Motion to Amend the Complaint to Conform to Evidence dated December 13, 2019, all submitted herewith, and all of the pleadings and proceedings heretofore had in this matter, -1- 1 of 2 FILED: NEW YORK COUNTY CLERK 12/13/2019 02:35 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/14/2019 and all matters as to which this Court make take judicial notice, Plaintiff Robert Harris will move this Court, at the Motion Submission Part Courtroom, Room 130, at the Courthouse located at 60 Centre Street, New York, New York, 10007 on the 6th day of January, 2020 at 9:30 a.m., or as soon thereafter as counsel can be heard, for an order permitting Plaintiff to Amend his Complaint to add claims for fraud and promissory estoppel (as set forth in his proposed Second Amended Complaint dated December 13, 2019); all pursuant to the Civil Practice Law and Rules CPLR R 3025(b) and CPLR R 3025(c); and granting such other relief as the Court deems just, proper, and equitable. PLEASE TAKE FURTHER NOTICE that, answering papers, if any, are required to be served on the undersigned not later than seven (7) days before the return date of this motion in accordance with CPLR 2214(b). Dated: December 14, 2019 ______________________________ Jonathan Meyers, Esq. Meyers Fried-Grodin LLP Empire State Building 350 Fifth Avenue, 59th Floor New York, NY 10118 Phone: (646) 596-1292 E-mail: JMeyers@MfgLegal.com Attorneys for Plaintiff Robert Harris TO: Seth Marcus, Esq. David B. Lichtenberg, Esq. The Law Offices of Seth L. Marcus Eric T. Baginski, Esq. 670 White Plains Road, Penthouse Fisher & Phillips LLP Scarsdale, NY 430 Mountain Avenue, Suite 303 10580 Murray Hill, NJ 07974 (seth@slmarcuslaw.com) (dlichtenberg@fisherphillips.com) (ebaginski@fisherphillips.com) -2- 2 of 2