On May 16, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
West Harbor Advisory Llc,
and
Railxrs Corporation,
for Commercial - Business Entity - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/06/2023 07:40 PM INDEX NO. 652354/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
WEST HARBOR ADVISORY LLC, Index No. 652354/2023
Plaintiff,
-against-
ORAL ARGUMENT REQUESTED
RAILXRS CORPORATION,
Defendant.
NOTICE OF MOTION
PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support
of DefendantÂ’s Motion to Dismiss the Complaint, dated July 6, 2023; the accompanying
affirmation of Craig Wenner, dated July 6, 2023, and the exhibits attached thereto; the
accompanying affidavit of Raj Gupta, dated July 6, 2023, and the exhibits attached thereto; and
such other submissions as shall be made in support of this motion, Defendant RailxRS
Corporation, by their counsel, Boies Schiller Flexner LLP, will move this Court on September 14,
2023, at 9:30 a.m., or at such other time as the Court may order, at the Courthouse located at 60
Centre Street, New York, New York 10007, in the Submissions Part, Room 130, for an Order
dismissing the Complaint (NYSCEF No. 2) of Plaintiff West Harbor Advisory LLC, in this action
pursuant to CPLR § 3211, and for such other and further relief as the Court may deem just and
proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), PlaintiffÂ’s papers
in opposition, if any, shall be served at least 7 days before the return date of the motion.
DefendantsÂ’ reply papers, if any, shall be served at least one day before such time.
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FILED: NEW YORK COUNTY CLERK 07/06/2023 07:40 PM INDEX NO. 652354/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2023
Dated: July 6, 2023 Respectfully submitted,
New York, New York /s/ Craig Wenner
Craig Wenner
BOIES SCHILLER FLEXNER LLP
55 Hudson Yards
New York, New York 10001
Tel: (212) 446-2300
Attorneys for Defendant RailxRS Corporation
2 of 2
Document Filed Date
July 06, 2023
Case Filing Date
May 16, 2023
Category
Commercial - Business Entity - Commercial Division
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FILED: NEW YORK COUNTY CLERK 07/06/2023 07:40 PM INDEX NO. 652354/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WEST HARBOR ADVISORY LLC, Index No. 652354/2023 Plaintiff, -against- ORAL ARGUMENT REQUESTED RAILXRS CORPORATION, Defendant. NOTICE OF MOTION PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of Defendant’s Motion to Dismiss the Complaint, dated July 6, 2023; the accompanying affirmation of Craig Wenner, dated July 6, 2023, and the exhibits attached thereto; the accompanying affidavit of Raj Gupta, dated July 6, 2023, and the exhibits attached thereto; and such other submissions as shall be made in support of this motion, Defendant RailxRS Corporation, by their counsel, Boies Schiller Flexner LLP, will move this Court on September 14, 2023, at 9:30 a.m., or at such other time as the Court may order, at the Courthouse located at 60 Centre Street, New York, New York 10007, in the Submissions Part, Room 130, for an Order dismissing the Complaint (NYSCEF No. 2) of Plaintiff West Harbor Advisory LLC, in this action pursuant to CPLR § 3211, and for such other and further relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), Plaintiff’s papers in opposition, if any, shall be served at least 7 days before the return date of the motion. Defendants’ reply papers, if any, shall be served at least one day before such time. 1 of 2 FILED: NEW YORK COUNTY CLERK 07/06/2023 07:40 PM INDEX NO. 652354/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2023 Dated: July 6, 2023 Respectfully submitted, New York, New York /s/ Craig Wenner Craig Wenner BOIES SCHILLER FLEXNER LLP 55 Hudson Yards New York, New York 10001 Tel: (212) 446-2300 Attorneys for Defendant RailxRS Corporation 2 of 2