Motion,Ex Parte: Nadine Brooks v. Shawn Delmore, Capri Landscaping, Inc, The City Of New York

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                                FILED: BRONX COUNTY CLERK 05/17/2023 04:17 PM                                                       INDEX NO. 305540/2012E
NYSCEF DOC. NO. 34                                                                           RECEIVED NYSCEF: 05/17/2023




                                                         At an IAS Part I of the State of New York, held in
                                                         and for the County of Bronx, at the Courthouse
                                                         located at 85l Grand Concourse, Bronx, Ncw York,
                                                                    I
                                                         on the I 6 dav          of I.4AY,2023
           PRESENT:
           HONORABLE
           JUSTICE, MITCHELL J. DANZIGER

           SUPREME COURT OF THE STATE OF NEW YORK
           COT]NTY OF BRONX
                                                                            X
           NADINE BROOKS                                                                         ORDER
                                                                                    Index No.: 305540120128
                                                                                    City File No.: 2012-031424

                                                                 P   laintiff.

                                           -agalnst-

           SHAWN DELMORE. CAPRI LANDSCAPING, INC.,
           AND THE CITY OF NEW YORK

                                                                 Del'endants.

                                                                            X

                   Defendant, THE CITY OF NEW YORK (hereinafter "City"), having moved this Court

           via Order to Show Cause pursuant to Rules 321 I (a)(3) and 102 I of the CPLR for an Order of

           this Court granting the City's Order to Show Cause to dismiss Plaintiff s complaint against the

           City,

                   AND upon reading the Order dated January 16,2023, See Exhibit A, filing the Order to

           Show Cause and the Affirmation in Support ofthe OSC by Richard Montalvo dated January 10,

           2023; and the exhibits annexed thereto;

                   NOW, upon the motion of defendants, THE CITY OF NEW YORK it is:

                   ORDERED, that the Order to Show Cause ofdefendants for an Order pursuant to CPLR

           321 l (a)(3) dismissing   plainti{fs summons with notice   on the grounds Plaintiff does not have the




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FILED: BRONX COUNTY CLERK 05/17/2023 04:17 PM                                                        INDEX NO. 305540/2012E
NYSCEF DOC. NO. 34                                                                             RECEIVED NYSCEF: 05/17/2023




           necessary legal capacity to maintain a      suit is hereby granted in accordance with the annexed

           decision ofthe Honorable Justice Mitchell J. Danziger, filed on January 31, 2023 and it is

           further,

                      ORDERED, that the plaintiffs' complaint is hereby dismissed; and it is fu(her;

                      ORDERED, that the Clerk of the Trial Support Office is hereby directed to mark their

                      records to reflect this Order.

                                                                                     ENTER:




                                                                                        a\lw
                                                                                                               -5so
                                                                              MITCHELLJ. DANZIGER




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