On June 14, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Plymouth Street Llc, Derivatively On Behalf Of Gold Capital Fund Llc,
and
Abraham Sitt,
Dumbo Capital Holdings Llc,
Gold Capital Fund Llc,
Simmons Capital Llc,
for Commercial - Other - Commercial Division (Breach of Fiduciary Duty)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/05/2023 04:53 PM INDEX NO. 652864/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No.: 652864/2023
PLYMOUTH STREET LLC, derivatively on behalf of
GOLD CAPITAL FUND LLC,
Plaintiff(s),
-against- NOTICE OF MOTION
ABRAHAM SITT, DUMBO CAPITAL HOLDINGS LLC,
and SIMMONS CAPITAL LLC
Defendant(s).
-and-
GOLD CAPITAL FUND LLC
Nominal Defendant.
PLEASE TAKE NOTICE that upon the Affirmation of Jason J. Rebhun, Esq. affirmed
to on July 5, 2023, and upon all the pleadings heretofore had herein, the undersigned will move
this Court, in the motions submissions part located in Room 130 of/at the courthouse located at 60
Centre Street, New York, New York on August 4, 2023 at 9:30 a.m. for an Order:
(1) Pursuant to CPLR 2103 (c), CPLR §2303(a), CPLR §2304 and §3101(a)(4), quashing the
Plaintiff’s subpoena upon Automatic Data Processing (“ADP”) (NYSCEF doc. 2);
(2) Pursuant to CPLR 2103 (c), CPLR §2303(a), CPLR §2304 and §3101(a)(4), quashing the
Plaintiff’s subpoena upon NewCo Capital Group (“NewCo”) (NYSCEF doc. 3);
(3) Alternatively, for a protective order CPLR §3103(a) relieving ADP and NewCo from
responding to the subpoenas;
(4) Compelling Plaintiff to reimburse movants for this motion pursuant to CPLR §8106; and
(5) For such other relief as is deemed just and proper.
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FILED: NEW YORK COUNTY CLERK 07/05/2023 04:53 PM INDEX NO. 652864/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/05/2023
Pursuant to CPLR §2214(b), answering affidavits, if any, are required to be served upon
the undersigned at least 7 days before the return date of this motion.
Dated: July 5, 2023
New York, New York
Yours etc.,
Jason J. Rebhun___________________
THE LAW OFFICES OF JASON J. REBHUN, P.C.
Attorneys for Defendants ABRAHAM SITT and
DUMBO CAPITAL HOLDINGS LLC
40 Wall Street, 45th Floor
New York, NY 10007
(646) 201-9392
Jason@jasonrebhun.com
To: Moshe Sasson, Esq.
SASSON LAW PLLC
Attorneys for Plaintiff
1350 Broadway, Suite 212
New York, New York 10018
(212) 949-7501
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Document Filed Date
July 05, 2023
Case Filing Date
June 14, 2023
Category
Commercial - Other - Commercial Division (Breach of Fiduciary Duty)
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