On July 17, 2019 a
Order
was filed
involving a dispute between
101 East 16Th Realty Llc,
and
Iris Keltz,
Nat Hirshman,
Union Square Restaurant Llc,
Union Square Restaurant Llc D B A Moaz,
for Commercial - Contract
in the District Court of New York County.
Preview
INDEX NO. 654090/2019
FILED: NEW YORK COUNTY CLERK 0272472021 04:23 PM
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 02/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
wenn ene eee nee eee een ene nee eee eee nee een neee,
101 East 16th Street Realty
ORDER
Plaintiff
- against -
Index No. 654090/2019
Union Square Restaurant, LLC
Defendant
MELISSA A. CRANE, J.
This case was filed in July of 2019, and the RJI was filed on September 23, 2019. Due to
the age of the case, the court, in the PC order on February 13, 2020, set specific deadlines for
discovery, required pre motion conferences on motions and explicitly stated that “if a motion
relating to disclosure has raised additional disclosure issues, the parties shall meet and confer and
the contact the court immediately thereafter by email. If they do not, their issue may be waived”
(see edoc 33). Plaintiff's Note of Issue was due on August 14, 2020, and to this court’s
knowledge, neither party contacted the court with discovery issues. Nor did plaintiff file the
Note of Issue at that point.
Further, in a compliance conference order on November 10, 2020, the court again stated
that “if issues or problems develop” the parties should meet and confer “immediately” and
contact the court afterwards by email. The order wamed that failure to do so could result in
waiver of the issue (see edoc 40). Nevertheless, the parties failed to contact the court by email
to ask for an extension of discovery, even though the discovery order states “counsel are
1 of 2
INDEX NO. 654090/2019
FILED: NEW YORK COUNTY CLERK 0272472021 04:23 PM
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 02/24/2021
reminded that they may not stipulate to adjourn or extend any deadline or appearance set by the
court.”
It is important to follow the directives of the court, particularly in an old case. Discovery
must run parallel to motion practice. Without adherence, the case stagnates and unnecessarily
adds to an already heavy docket. For instance, in this case, written discovery was due on January
11, 2021 in the compliance conference order. The loss of two months of time could have been
avoided had the parties contacted the court as directed. Accordingly, given the failure to adhere
to court directives, the fact that this case is well over standards and goals, and that the parties
have had two years for discovery already, the court directs that plaintiff file the Note of Issue in
accordance to the deadlines that the court previously set (i.e., February 26, 2021).
The parties are to appear for a conference on March3, 2021 at 12:00PM via Microsoft
Teams, but only if the note of issue is not filed.
Dated: February 24, 2021
ENTER
Mb C_—
wae
MELISSA A. CRANE, J.S.C.
2 of 2
Document Filed Date
February 24, 2021
Case Filing Date
July 17, 2019
Category
Commercial - Contract
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INDEX NO. 654090/2019 FILED: NEW YORK COUNTY CLERK 0272472021 04:23 PM NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 02/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK wenn ene eee nee eee een ene nee eee eee nee een neee, 101 East 16th Street Realty ORDER Plaintiff - against - Index No. 654090/2019 Union Square Restaurant, LLC Defendant MELISSA A. CRANE, J. This case was filed in July of 2019, and the RJI was filed on September 23, 2019. Due to the age of the case, the court, in the PC order on February 13, 2020, set specific deadlines for discovery, required pre motion conferences on motions and explicitly stated that “if a motion relating to disclosure has raised additional disclosure issues, the parties shall meet and confer and the contact the court immediately thereafter by email. If they do not, their issue may be waived” (see edoc 33). Plaintiff's Note of Issue was due on August 14, 2020, and to this court’s knowledge, neither party contacted the court with discovery issues. Nor did plaintiff file the Note of Issue at that point. Further, in a compliance conference order on November 10, 2020, the court again stated that “if issues or problems develop” the parties should meet and confer “immediately” and contact the court afterwards by email. The order wamed that failure to do so could result in waiver of the issue (see edoc 40). Nevertheless, the parties failed to contact the court by email to ask for an extension of discovery, even though the discovery order states “counsel are 1 of 2 INDEX NO. 654090/2019 FILED: NEW YORK COUNTY CLERK 0272472021 04:23 PM NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 02/24/2021 reminded that they may not stipulate to adjourn or extend any deadline or appearance set by the court.” It is important to follow the directives of the court, particularly in an old case. Discovery must run parallel to motion practice. Without adherence, the case stagnates and unnecessarily adds to an already heavy docket. For instance, in this case, written discovery was due on January 11, 2021 in the compliance conference order. The loss of two months of time could have been avoided had the parties contacted the court as directed. Accordingly, given the failure to adhere to court directives, the fact that this case is well over standards and goals, and that the parties have had two years for discovery already, the court directs that plaintiff file the Note of Issue in accordance to the deadlines that the court previously set (i.e., February 26, 2021). The parties are to appear for a conference on March3, 2021 at 12:00PM via Microsoft Teams, but only if the note of issue is not filed. Dated: February 24, 2021 ENTER Mb C_— wae MELISSA A. CRANE, J.S.C. 2 of 2