On June 22, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Prestige Home Fitness, Llc A K A Gymguyz Bay Ridge,
Prestige Home Fitness, Llc
A K A Gymguyz Bay Ridge,
and
Gymguyz Franchising, Llc,
for Commercial - Contract
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/30/2023 09:47 AM INDEX NO. 515251/2021
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 06/30/2023
EXHIBIT B
INDEX NO. 515251/2021
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 06/20/2023
ir
At a Centralized Compliance Part of the
Supreme Court of the State of New York, beld
in and for the County of Kin at the
Courthouse, located at Civic
of Brooklyn, City and State
Ee nter, Borough
o: f New YX ork, on the
|
|
12 day of anuary __» 2023
/
PRESENT:
HON. LAWRENCE KNIPEL
CAL. NO. 47
Justice/JHO
- aos:
Prestige Home Fitness, LLC
a/k/a Gymguyz Bay Ridge,
Plaintiff(s), INDEX NO. 515251/2021
-against- CONSENT
Gymguyz Franchising, LLC, IN DEF.
FTER ORAL ARG
Defendant(s)
a ane. X
| Papers Numbered
Notice of Motign -Orderrs number | to
to Show Cause
read on this motion
and Affidavits (A ffirmat
Answering if
ns) Annexed
Affidavit (A u imation)
Ais Affidavit (A ffirmation),
vit (Affirmation.
Pleadings-Exhibits
Stipulations-Minutés
iled Papers.
Plaintiff moves by order to show cause (mot. seq. 4) for an order: (1) extending the deadline to file a note of issue.
(2) setting the matter down for a preliminary conference and for discovery, and (3) granting a stay of the inquest in
this matter currently scheduled for February 15, 2023 pending the filing of a note of issue. On December 29, 2022,
the court (Mostofsky, J), signed the order to show cause and granted a stay of the inquest pending the hearing of
this motion. Subsequently, plaintiff moved by order to show cause (mot. seq. 5), signed on January 9, 2023 for the
same relief (NYSCEF # 54). Mot. seq. 5 is currently scheduled to be heard on January 26, 2023. The coust notes
that defendant's motion (mot. seq. 3) to vacate its default is currently sub judice, and is scheduled to be heard on
March 1, 2023. Accordingly, in the interest of judicial economy and the efficient resolution of motions, the instant
motion, mot. seq. 4, as well as mot. seq. 5, are both adjourned to March 31, 2023 to be decided after the defendant's
motion to vacate its default is resolved. The stay of the inquest remains in place pending resolution of mot. seq.by
SS
For Clerk’s Use Onlv ENTER:
Ostanderd
r MG
MD ~
Motion Seq. # QOUt_ © Complex
=
a ~——-——£.. a a
J.S.C/I.H.O. OQ
RINT FIRM NAME SIGNATURE
HON. LAWRENCE KNIPEE
ATTORNEY FIRM. by. FOR PLAINTHSWPREME COURT JUSTICE
ATTORNEY FIRM by. _. FOR DEFENDANT(S), “
ATTORNEY FIRM. - by. a ponte __FOR DEFENDANT(S), ———
ATTORNEY FIRM. by — ene FOR DEFENDANT(S), . oo
ATTORNEY FIRM. FOR DEFENDANT(S)__
CAS-rev. 09-2014
lof 1
Document Filed Date
June 30, 2023
Case Filing Date
June 22, 2021
Category
Commercial - Contract
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Preview
FILED: KINGS COUNTY CLERK 06/30/2023 09:47 AM INDEX NO. 515251/2021 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 06/30/2023 EXHIBIT B INDEX NO. 515251/2021 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 06/20/2023 ir At a Centralized Compliance Part of the Supreme Court of the State of New York, beld in and for the County of Kin at the Courthouse, located at Civic of Brooklyn, City and State Ee nter, Borough o: f New YX ork, on the | | 12 day of anuary __» 2023 / PRESENT: HON. LAWRENCE KNIPEL CAL. NO. 47 Justice/JHO - aos: Prestige Home Fitness, LLC a/k/a Gymguyz Bay Ridge, Plaintiff(s), INDEX NO. 515251/2021 -against- CONSENT Gymguyz Franchising, LLC, IN DEF. FTER ORAL ARG Defendant(s) a ane. X | Papers Numbered Notice of Motign -Orderrs number | to to Show Cause read on this motion and Affidavits (A ffirmat Answering if ns) Annexed Affidavit (A u imation) Ais Affidavit (A ffirmation), vit (Affirmation. Pleadings-Exhibits Stipulations-Minutés iled Papers. Plaintiff moves by order to show cause (mot. seq. 4) for an order: (1) extending the deadline to file a note of issue. (2) setting the matter down for a preliminary conference and for discovery, and (3) granting a stay of the inquest in this matter currently scheduled for February 15, 2023 pending the filing of a note of issue. On December 29, 2022, the court (Mostofsky, J), signed the order to show cause and granted a stay of the inquest pending the hearing of this motion. Subsequently, plaintiff moved by order to show cause (mot. seq. 5), signed on January 9, 2023 for the same relief (NYSCEF # 54). Mot. seq. 5 is currently scheduled to be heard on January 26, 2023. The coust notes that defendant's motion (mot. seq. 3) to vacate its default is currently sub judice, and is scheduled to be heard on March 1, 2023. Accordingly, in the interest of judicial economy and the efficient resolution of motions, the instant motion, mot. seq. 4, as well as mot. seq. 5, are both adjourned to March 31, 2023 to be decided after the defendant's motion to vacate its default is resolved. The stay of the inquest remains in place pending resolution of mot. seq.by SS For Clerk’s Use Onlv ENTER: Ostanderd r MG MD ~ Motion Seq. # QOUt_ © Complex = a ~——-——£.. a a J.S.C/I.H.O. OQ RINT FIRM NAME SIGNATURE HON. LAWRENCE KNIPEE ATTORNEY FIRM. by. FOR PLAINTHSWPREME COURT JUSTICE ATTORNEY FIRM by. _. FOR DEFENDANT(S), “ ATTORNEY FIRM. - by. a ponte __FOR DEFENDANT(S), ——— ATTORNEY FIRM. by — ene FOR DEFENDANT(S), . oo ATTORNEY FIRM. FOR DEFENDANT(S)__ CAS-rev. 09-2014 lof 1