Preview
Se eee
INDEX NO. 652287/2023
NYSCEF BOC. NO. 35 RECEIVED NYSCEF 07/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
= mes ---. eee
CANDACE BARASCH and RICHARD
GROSSMAN,
Index No. 652287/2023
Plaintiffs,
-against- Posting of Undertaking
LISA SCHIFF, SCHIFF FINE ART LLC d/b/a SFA
ADVISORY, and DOES 1-10,
Defendants.
Rianne toenteernnaienimprenierponmetite
ee heetetinreeae ns tena
I, Richard E. Lerner, state under penalty of perjury, pursuant to CPLR 2106, as follows:
1 I am an attorney with the firm of Mazzola Lindstrom LLP, counsel for the
plaintiffs herein.
2 By order dated July 17, 2023, and docketed on July 21, 2023 (copy annexed), the
Honorable Lucy Billings, JSC, issued an injunction in this matter, on condition that plaintiffs
eae into court $100, pursuant to CPLR 6312(b).
3 I therefore submit herewith Citibank cashier’s check #116648320, in the amount
of $100, payable to the New York County Clerk.
Dated: New York, New York
July 21, 2023
MAZZ Ole LINDSTROM LLP
ws
Richard E. ie
1350 Avenue of the Americas, 2nd Floor
New York, New York 10019
1350 Avenue of the Americas, 2nd Floor
New York, New York 10019
M: 917.584.4864
richard@mazzolalindstrom.com
Attorneys for plaintiffs
lof 4
= INDEX NO. 652287/2023
NYSCEFFDOOS-NOO-394 RECEDED NYSCEF: 07/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: i LUCY BILLINGS PART _+!
+86
Justice
CANO AcE PAILASCH and ALHARD GRacsuAn INDEX NO. G5229 2 L 2023
ve MOTION DATE
LISA SCHIFF, SCHIFF FINE ART Lic ¢- [blo SFA ADVISORY, MOTION SEQ. NO, eo!
aad DOGS 1-10
The following papers, manbersi to/4___, were read on this motion {é/for_2 prdewnuaey Ligand on
Notice of Motion/Order to Show Cause — Affidavits — Exhibits J Nojs). I-58, 14
Answering Affidavits — Exhibits ENojs).
Replying Affidavits [ No(s).
Upon the foregoing papers, it is ordered that this:motionie:
The court grants plaintiffs’ motion for a preliminary injunction
to the following extent. The court converts the temporary restraining
order in the order to show cause signed May 19, 2023, without
opposition until a further order, C.P.L.R. § 6301, 6312(a), and on the
condition that plaintiffs deposit an undertaking of $100.00 with the
Clerk of the Court by July 21, 2023. C.P.L.R. § 6312(b). If
plaintiffs fail’ to meet this condition, this injunction will
terminate.
The court grants plaintiffs’ request for immediate disclosure
only to the extent of lifting the automatic stay of disclosure
triggered by defendant Schiff’s pending motion to dismiss the
complaint’s claims against Schiff. C.P.L.R. § 3214(b). Plaintiffs
have had all disclosure devices except depositions of defendants and
notices to admit available since plaintiffs commenced this action and,
after defendants’ time to respond to the complaint expired, had
depositions of defendants and notices to admit available as well.
C.P.L.R. § 3106(a), 3123 (a). While Schiff’s motion does not
necessarily trigger a stay of disclosure against co-defendant,
plaintiffs’ claims that Schiff breached her oral agreements with
plaintiffs and that co-defendant transferred proceeds from the sale of
the painting at issue to her signal that claims against her will
survive dismissal and that disclosure from her is inextricably tied to
claims against co-defendant. Polsky v. 145 Hudson St. Assoc., L.P.,
100 A.D.3d 428, 428 (1st Dep’t 2012).
Dated: Tptf[23 LY r3e5s JSC.
LUCY SL iLhiGS
1. CHECK ONE:.. (I CASE DISPCSED (A Non-FnA: GisPosition
2. CHECK AS APPROPRIATE: . . ase MOTION IS: [1] GRANTED CIDENIED (A’GRANTED IN PART CIoTHER
3. CHECK IF APPROPRIATE: ..... CISETTLE ORDER CI SUBMIT ORDER
(20 NOT Post (FIDUCIARY APPOINTMENT CIREFERENCE
20f 4
: INDEX NO. 65228772023,
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2023
Stock # 10069A
NEW YORK COUNTY
County Clerk and Clerk of the Supreme Court
COURT AND TRUST FUND RECEIPT
No. 50 - 0588 Date a2/~
July. Se
rites 2083,
VEYFi tire
0, Chef
Caunnce BARASCH, ETAL #/00, 00
Type of deposit
PLAINTIFF
Against LIALET f
Clerk's In
Lish SCHIFF, €7 AL
(Always refer
to this number)
Drvrznpant
RECEIVED trom
C4WUDACE
ALAS CH-
the sum ot WE HuubdeeD Dollars. AOD ZERO_ $==/2.0 -.00)
‘Uf the deposit
Ces ——
is of securities,
mate their nature =
pursuant to mn DEC S10 4 Dede oul Motion —— a
a ie ane
filed in my office_s
Purpose:..AW/
eed
DE!E
Al
TAK
TF.
IWE-
520.43
‘State any = =
Preview
Se eee INDEX NO. 652287/2023 NYSCEF BOC. NO. 35 RECEIVED NYSCEF 07/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK = mes ---. eee CANDACE BARASCH and RICHARD GROSSMAN, Index No. 652287/2023 Plaintiffs, -against- Posting of Undertaking LISA SCHIFF, SCHIFF FINE ART LLC d/b/a SFA ADVISORY, and DOES 1-10, Defendants. Rianne toenteernnaienimprenierponmetite ee heetetinreeae ns tena I, Richard E. Lerner, state under penalty of perjury, pursuant to CPLR 2106, as follows: 1 I am an attorney with the firm of Mazzola Lindstrom LLP, counsel for the plaintiffs herein. 2 By order dated July 17, 2023, and docketed on July 21, 2023 (copy annexed), the Honorable Lucy Billings, JSC, issued an injunction in this matter, on condition that plaintiffs eae into court $100, pursuant to CPLR 6312(b). 3 I therefore submit herewith Citibank cashier’s check #116648320, in the amount of $100, payable to the New York County Clerk. Dated: New York, New York July 21, 2023 MAZZ Ole LINDSTROM LLP ws Richard E. ie 1350 Avenue of the Americas, 2nd Floor New York, New York 10019 1350 Avenue of the Americas, 2nd Floor New York, New York 10019 M: 917.584.4864 richard@mazzolalindstrom.com Attorneys for plaintiffs lof 4 = INDEX NO. 652287/2023 NYSCEFFDOOS-NOO-394 RECEDED NYSCEF: 07/21/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: i LUCY BILLINGS PART _+! +86 Justice CANO AcE PAILASCH and ALHARD GRacsuAn INDEX NO. G5229 2 L 2023 ve MOTION DATE LISA SCHIFF, SCHIFF FINE ART Lic ¢- [blo SFA ADVISORY, MOTION SEQ. NO, eo! aad DOGS 1-10 The following papers, manbersi to/4___, were read on this motion {é/for_2 prdewnuaey Ligand on Notice of Motion/Order to Show Cause — Affidavits — Exhibits J Nojs). I-58, 14 Answering Affidavits — Exhibits ENojs). Replying Affidavits [ No(s). Upon the foregoing papers, it is ordered that this:motionie: The court grants plaintiffs’ motion for a preliminary injunction to the following extent. The court converts the temporary restraining order in the order to show cause signed May 19, 2023, without opposition until a further order, C.P.L.R. § 6301, 6312(a), and on the condition that plaintiffs deposit an undertaking of $100.00 with the Clerk of the Court by July 21, 2023. C.P.L.R. § 6312(b). If plaintiffs fail’ to meet this condition, this injunction will terminate. The court grants plaintiffs’ request for immediate disclosure only to the extent of lifting the automatic stay of disclosure triggered by defendant Schiff’s pending motion to dismiss the complaint’s claims against Schiff. C.P.L.R. § 3214(b). Plaintiffs have had all disclosure devices except depositions of defendants and notices to admit available since plaintiffs commenced this action and, after defendants’ time to respond to the complaint expired, had depositions of defendants and notices to admit available as well. C.P.L.R. § 3106(a), 3123 (a). While Schiff’s motion does not necessarily trigger a stay of disclosure against co-defendant, plaintiffs’ claims that Schiff breached her oral agreements with plaintiffs and that co-defendant transferred proceeds from the sale of the painting at issue to her signal that claims against her will survive dismissal and that disclosure from her is inextricably tied to claims against co-defendant. Polsky v. 145 Hudson St. Assoc., L.P., 100 A.D.3d 428, 428 (1st Dep’t 2012). Dated: Tptf[23 LY r3e5s JSC. LUCY SL iLhiGS 1. CHECK ONE:.. (I CASE DISPCSED (A Non-FnA: GisPosition 2. CHECK AS APPROPRIATE: . . ase MOTION IS: [1] GRANTED CIDENIED (A’GRANTED IN PART CIoTHER 3. CHECK IF APPROPRIATE: ..... CISETTLE ORDER CI SUBMIT ORDER (20 NOT Post (FIDUCIARY APPOINTMENT CIREFERENCE 20f 4 : INDEX NO. 65228772023, NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/21/2023 Stock # 10069A NEW YORK COUNTY County Clerk and Clerk of the Supreme Court COURT AND TRUST FUND RECEIPT No. 50 - 0588 Date a2/~ July. Se rites 2083, VEYFi tire 0, Chef Caunnce BARASCH, ETAL #/00, 00 Type of deposit PLAINTIFF Against LIALET f Clerk's In Lish SCHIFF, €7 AL (Always refer to this number) Drvrznpant RECEIVED trom C4WUDACE ALAS CH- the sum ot WE HuubdeeD Dollars. AOD ZERO_ $==/2.0 -.00) ‘Uf the deposit Ces —— is of securities, mate their nature = pursuant to mn DEC S10 4 Dede oul Motion —— a a ie ane filed in my office_s Purpose:..AW/ eed DE!E Al TAK TF. IWE- 520.43 ‘State any = =