On November 27, 2019 a
Order
was filed
involving a dispute between
Joseph Hertz,
and
Samuel Hertz
Individually, And As The Nominated Executor Of The Purported Last Will & Testament Of Mira Hertz, Dated November 26, 2008, And As Trustee Of The Mira Hertz Purported Revocable Trust Agreement, Dated November 26, 2008, Et Al.,
for Other Matters - Contract - Other
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 03/22/2023 12:08 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 03/22/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No. 526061/2019
COLNTY OF KINGS Motion Seq. H7-8
Papers Submitted on March 2l , 2023
JOSEPH HERTZ. DECISION AND ORDER
X Recitation as required by CPLR 22 l9(a) of the
papers considered in the review ofthis Motion
P la int ifl.
Papcrs Nunbercd
-against-
Motion, Affidavits, \\ s(.EF 2? l-228.
SAMUEL HERTZ, individually, and as the Nominated and Exhibits
Executor ofthe Purported Law Will & Testament of
Mira Hertz, dated November 26,2008, and as 'frustee of Order to Show Cause- \\'scEF 229-215 211-
Affidavits. and 246
the Mira Hertz Purported Revocable Trust Agreement.
Exhibits
dated November 26. 2008.
[)efendants
Opposition \\'s( r,. F 238-2{2 258-
26S
Reply
NYSC0F 217-254.266-
210
x
RACHEL E, FREIER, J.:
Upon review ofpapers submitted and after oral argument, the Court determines as follows:
Plaintiff s Order to Show Cause and motion #007 are GRANTED to the extent that
I . Plaintifl shall serve on Defendants and on non-party witnesses Rivkin Radler LLP, Scott
Eisenmesser. Esq., Yaron Korblum, Esq., and Walter Gumersell, Esq. a list of all
outstanding discovery demands within ten (10) days ofentry of this Order.
2. Defendants and non-pafty witnesses Rivkin Radler LLP, Scott E,isenmesser, Esq., Yaron
Korblum, Esq., and Walter Gumersell, Esq. shall provide all outstanding discovery as
outlined in such list within sixty (60) days ofreceipt ofthe list.
3. Note of Issue is to be filed on or before May 3,2024.
All other reliefnot expressly granted is denied.
This is the Decision and Order ofthe Court.
Dated: March 22.2023 R
Kings County Supreme Court RACHEL E. FREIER. A.J.S.C
E' Freier
Hon. Rachel
1 of 1
Document Filed Date
March 22, 2023
Case Filing Date
November 27, 2019
Category
Other Matters - Contract - Other
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FILED: KINGS COUNTY CLERK 03/22/2023 12:08 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 271 RECEIVED NYSCEF: 03/22/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No. 526061/2019 COLNTY OF KINGS Motion Seq. H7-8 Papers Submitted on March 2l , 2023 JOSEPH HERTZ. DECISION AND ORDER X Recitation as required by CPLR 22 l9(a) of the papers considered in the review ofthis Motion P la int ifl. Papcrs Nunbercd -against- Motion, Affidavits, \\ s(.EF 2? l-228. SAMUEL HERTZ, individually, and as the Nominated and Exhibits Executor ofthe Purported Law Will & Testament of Mira Hertz, dated November 26,2008, and as 'frustee of Order to Show Cause- \\'scEF 229-215 211- Affidavits. and 246 the Mira Hertz Purported Revocable Trust Agreement. Exhibits dated November 26. 2008. [)efendants Opposition \\'s( r,. F 238-2{2 258- 26S Reply NYSC0F 217-254.266- 210 x RACHEL E, FREIER, J.: Upon review ofpapers submitted and after oral argument, the Court determines as follows: Plaintiff s Order to Show Cause and motion #007 are GRANTED to the extent that I . Plaintifl shall serve on Defendants and on non-party witnesses Rivkin Radler LLP, Scott Eisenmesser. Esq., Yaron Korblum, Esq., and Walter Gumersell, Esq. a list of all outstanding discovery demands within ten (10) days ofentry of this Order. 2. Defendants and non-pafty witnesses Rivkin Radler LLP, Scott E,isenmesser, Esq., Yaron Korblum, Esq., and Walter Gumersell, Esq. shall provide all outstanding discovery as outlined in such list within sixty (60) days ofreceipt ofthe list. 3. Note of Issue is to be filed on or before May 3,2024. All other reliefnot expressly granted is denied. This is the Decision and Order ofthe Court. Dated: March 22.2023 R Kings County Supreme Court RACHEL E. FREIER. A.J.S.C E' Freier Hon. Rachel 1 of 1