Preview
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
EXHIBIT 1
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
From: Laura Castner
To: John; Wendy Lindstrom; Richard Lerner; Ron; Katie O"Leary; ehorn@aystrauss.com
Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation
Date: Wednesday, August 9, 2023 3:20:40 PM
Thank you, John. We’ll prepare the stipulation.
Laura
Laura D. Castner
Mazzola Lindstrom LLP
Attorney
2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067
1350 Avenue of the Americas, 2nd Floor, New York, NY 10019
T: 310.694.8585
laura@mazzolalindstrom.com | www.mazzolalindstrom.com
NEW YORK * LOS ANGELES
From: John
Sent: Monday, August 7, 2023 4:41 PM
To: Laura Castner ; Wendy Lindstrom
; Richard Lerner ; Ron
; Katie O'Leary ; ehorn@aystrauss.com
Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation
Dear Laura,
Thank you for the below. We agree that you can depose Ms. Schiff on two separate
days. Would you like to draft the stipulation or shall we?
Kind regards,
John
John R. Cahill
john@artxlaw.com
ARTxLAW PLLC
Main 212-719-4400
Mobile 917-674-5135
Mobilis in Mobili
https://artxlaw.com/
CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If
received in error, please do the right thing: Delete it without reading any of the contents. Thank you.
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
From: Laura Castner
Sent: Friday, July 28, 2023 10:49 AM
To: John ; Wendy Lindstrom ; Richard Lerner
; Ron ; Katie O'Leary
; ehorn@aystrauss.com
Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation
Dear John:
We will consent to consolidation on the condition that the Ghenie plaintiffs and the Barasch Family
plaintiffs can depose Ms. Schiff on two separate days.
We trust that you acknowledge that Ms. Schiff would not be entitled to take the Fifth in her capacity
as the representative of Schiff Fine Art LLC, as business entities do not get Fifth Amendment
protection. See Bellis v. United States, 417 U.S. 85, 92 (1974); Braswell v. United States, 487 U.S. 99,
104-10 (1988). While you might argue that Schiff Fine Art is a single member LLC and is thus entitled
to Fifth Amendment protection, such view is contrary to overwhelming authority. See discussion in
Wood v. U.S. Bank Nat'l Ass'n, 246 A.3d 141 (Del. Chancery 2021); see also CVL Real Estate LLC v.
Weinstein, 2012 NY Slip Op 50707 (Sup. Ct. NY County 2021) (Bransten, J.).
Should Ms. Schiff take the Fifth as to questions that are not related to the conduct of Schiff Fine Art
LLC, we reserve our right to seek an order striking her answers to the complaints, as the court has
denied your motions for a stay of the two cases.
Accordingly, we will consent to the consolidation, on condition that Ms. Schiff sit for deposition on
two separate days in the two separate actions.
Regards,
Laura
Laura D. Castner
Mazzola Lindstrom LLP
Attorney
2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067
1350 Avenue of the Americas, 2nd Floor, New York, NY 10019
T: 310.694.8585
laura@mazzolalindstrom.com | www.mazzolalindstrom.com
NEW YORK * LOS ANGELES
From: John
Sent: Wednesday, July 26, 2023 4:08 PM
To: Laura Castner ; Wendy Lindstrom
; Richard Lerner ; Laura Castner
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
; Ron ; Katie O'Leary
; ehorn@aystrauss.com
Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation
Dear Laura,
Please let me know tomorrow if you are willing to agree to consolidate the two lawsuits
which, having checked, is an issue that I first raised back in May. Thank you.
Very truly yours,
John R. Cahill
john@artxlaw.com
ARTxLAW PLLC
Main 212-719-4400
Mobile 917-674-5135
Mobilis in Mobili
https://artxlaw.com/
CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If
received in error, please do the right thing: Delete it without reading any of the contents. Thank you.
From: John
Sent: Friday, July 21, 2023 5:05 PM
To: Laura Castner ; Doug Pick ;
wendy@mazzolalindstrom.com; 'Richard Lerner' ;
Laura@mazzolalindstrom.com; Ron ; jgoldstein@wilkauslander.com;
katie@mazzolalindstrom.com; ehorn@aystrauss.com
Subject: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation
Dear All,
The Part Clerk confirmed that there is no appearance required on Monday and that the
adjournment is being reflected per my email. The appearance on Monday, July 28th, is
“live” at 9:30am.
Please also let me know asap if your clients are willing to stipulate to consolidate the
two cases.
Thank you.
Kind regards,
John
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
John R. Cahill
john@artxlaw.com
ARTxLAW PLLC
Main 212-719-4400
Mobile 917-674-5135
Mobilis in Mobili
https://artxlaw.com/
CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If
received in error, please do the right thing: Delete it without reading any of the contents. Thank you.
From: John
Sent: Friday, July 21, 2023 1:11 PM
To: 'Sara J. Crasson' ; Laura Castner ; Doug
Pick ; wendy@mazzolalindstrom.com; 'Richard Lerner'
; Laura@mazzolalindstrom.com; Ron ;
jgoldstein@wilkauslander.com; katie@mazzolalindstrom.com; ehorn@aystrauss.com
Subject: Incorrect Return Date for Motion to Dismiss; Barasch Cases -- Index Nos. 652287/2023 and
652380/2023
Importance: High
Dear Ms. Crasson:
We represent the defendants Schiff Fine Art, LLC and Lisa Schiff in the above-
referenced cases before the Court.
Please allow us to bring to the Court’s attention that the motion to dismiss that we filed,
which had an original return date of June 23 was adjourned twice at the request of
Plaintiffs’ counsel, most recently to July 28th at the Plaintiff’s request per the attached
stipulation. (Dkt. 26).
The Court’s calendar inadvertently reflects a return date of this Monday, July 24th.
Because our reply papers (per the agreed stipulation) are not due to be served until
Tuesday, July 24th, we would like to have the return date moved forward. Given some
unexpected events and, assuming that there is no objection from the Plaintiffs, we
would propose to have the return date remain Monday, July 28th as provided in the
stipulation agreed among the parties but also request an additional two-day extension
to file our reply papers—that is no later than Thursday, July 27th.
Thank you.
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
Respectfully yours,
John R. Cahill
john@artxlaw.com
ARTxLAW PLLC
Main 212-719-4400
Mobile 917-674-5135
Mobilis in Mobili
https://artxlaw.com/
CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If
received in error, please do the right thing: Delete it without reading any of the contents. Thank you.
From: Sara J. Crasson
Sent: Friday, July 21, 2023 10:22 AM
To: Laura Castner ; Doug Pick ;
wendy@mazzolalindstrom.com; 'Richard Lerner' ;
Laura@mazzolalindstrom.com; John ; Ron ;
jgoldstein@wilkauslander.com; katie@mazzolalindstrom.com; ehorn@aystrauss.com
Subject: RE: Barasch matters -- Index Nos. 652287/2023 and 652380/2023
Good morning, Ms. Castner,
Thank you for the reminder about the written orders. We will get those efiled
as soon as possible.
Thank you,
Sara Crasson
Principal Law Clerk to Justice Billings
From: Laura Castner
Sent: Thursday, July 20, 2023 6:11 PM
To: Sara J. Crasson
Subject: FW: Barasch matters -- Index Nos. 652287/2023 and 652380/2023
Ms. Crasson, I just received a bounceback message; my apologies if this did not get to you the first
time.
Kind regards,
Laura Castner
Laura D. Castner
Mazzola Lindstrom LLP
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
Attorney
2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067
1350 Avenue of the Americas, 2nd Floor, New York, NY 10019
T: 310.694.8585
laura@mazzolalindstrom.com | www.mazzolalindstrom.com
NEW YORK * LOS ANGELES
From: Laura Castner
Sent: Thursday, July 20, 2023 6:08 PM
To: 'Sara J. Crasson' scrasson@nycourts.gov <'Sara J.Crasson' scrasson@nycourts.gov>
Cc: Wendy Lindstrom ; Richard Lerner
; Laura Castner ;
ehorn@aystrauss.com; john@artxlaw.com; ron@artxlaw.com; Katie O'Leary
; dpick@picklaw.net; Nina Edelman
Subject: Barasch matters -- Index Nos. 652287/2023 and 652380/2023
Dear Ms. Crasson:
The parties appeared before Judge Billings on the two OTSCs in these matters on Monday, July 17th.
At the hearing, Judge Billings directed that the plaintiffs post undertakings in the following amounts,
as the TROs were converted to permanent injunctions:
$100 in the 652287/2023 matter
$50,000 in the 652380/2023 matter.
After the hearing, my colleague Richard Lerner conferred with the County Clerk regarding the
logistics of getting the money deposited into Court, and was advised that plaintiffs cannot deposit
the money until the Court issues and dockets the written orders reflecting the amounts required for
the undertakings.
We have Plaintiffs’ checks in hand; however, we do not yet have the written orders from the Court.
As Judge Billings directed that plaintiffs pay the money into court by Friday, we request that the
order be issued at the Court’s earliest convenience, so that the moneys can be paid into Court.
Given that it is Thursday, we ask that the date by which the funds must be deposited with the Clerk’s
office be extended to next Tuesday, July 25.
All attorneys who have appeared and attended the hearing are copied in.
Thank you.
Respectfully yours,
Laura Castner
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023
Laura D. Castner
Mazzola Lindstrom LLP
Attorney
2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067
1350 Avenue of the Americas, 2nd Floor, New York, NY 10019
T: 310.694.8585
laura@mazzolalindstrom.com | www.mazzolalindstrom.com
NEW YORK * LOS ANGELES
Please be CAREFUL when clicking links or opening attachments from external senders.
Preview
FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 EXHIBIT 1 FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 From: Laura Castner To: John; Wendy Lindstrom; Richard Lerner; Ron; Katie O"Leary; ehorn@aystrauss.com Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation Date: Wednesday, August 9, 2023 3:20:40 PM Thank you, John. We’ll prepare the stipulation. Laura Laura D. Castner Mazzola Lindstrom LLP Attorney 2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067 1350 Avenue of the Americas, 2nd Floor, New York, NY 10019 T: 310.694.8585 laura@mazzolalindstrom.com | www.mazzolalindstrom.com NEW YORK * LOS ANGELES From: John Sent: Monday, August 7, 2023 4:41 PM To: Laura Castner ; Wendy Lindstrom ; Richard Lerner ; Ron ; Katie O'Leary ; ehorn@aystrauss.com Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation Dear Laura, Thank you for the below. We agree that you can depose Ms. Schiff on two separate days. Would you like to draft the stipulation or shall we? Kind regards, John John R. Cahill john@artxlaw.com ARTxLAW PLLC Main 212-719-4400 Mobile 917-674-5135 Mobilis in Mobili https://artxlaw.com/ CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If received in error, please do the right thing: Delete it without reading any of the contents. Thank you. FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 From: Laura Castner Sent: Friday, July 28, 2023 10:49 AM To: John ; Wendy Lindstrom ; Richard Lerner ; Ron ; Katie O'Leary ; ehorn@aystrauss.com Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation Dear John: We will consent to consolidation on the condition that the Ghenie plaintiffs and the Barasch Family plaintiffs can depose Ms. Schiff on two separate days. We trust that you acknowledge that Ms. Schiff would not be entitled to take the Fifth in her capacity as the representative of Schiff Fine Art LLC, as business entities do not get Fifth Amendment protection. See Bellis v. United States, 417 U.S. 85, 92 (1974); Braswell v. United States, 487 U.S. 99, 104-10 (1988). While you might argue that Schiff Fine Art is a single member LLC and is thus entitled to Fifth Amendment protection, such view is contrary to overwhelming authority. See discussion in Wood v. U.S. Bank Nat'l Ass'n, 246 A.3d 141 (Del. Chancery 2021); see also CVL Real Estate LLC v. Weinstein, 2012 NY Slip Op 50707 (Sup. Ct. NY County 2021) (Bransten, J.). Should Ms. Schiff take the Fifth as to questions that are not related to the conduct of Schiff Fine Art LLC, we reserve our right to seek an order striking her answers to the complaints, as the court has denied your motions for a stay of the two cases. Accordingly, we will consent to the consolidation, on condition that Ms. Schiff sit for deposition on two separate days in the two separate actions. Regards, Laura Laura D. Castner Mazzola Lindstrom LLP Attorney 2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067 1350 Avenue of the Americas, 2nd Floor, New York, NY 10019 T: 310.694.8585 laura@mazzolalindstrom.com | www.mazzolalindstrom.com NEW YORK * LOS ANGELES From: John Sent: Wednesday, July 26, 2023 4:08 PM To: Laura Castner ; Wendy Lindstrom ; Richard Lerner ; Laura Castner FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 ; Ron ; Katie O'Leary ; ehorn@aystrauss.com Subject: RE: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation Dear Laura, Please let me know tomorrow if you are willing to agree to consolidate the two lawsuits which, having checked, is an issue that I first raised back in May. Thank you. Very truly yours, John R. Cahill john@artxlaw.com ARTxLAW PLLC Main 212-719-4400 Mobile 917-674-5135 Mobilis in Mobili https://artxlaw.com/ CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If received in error, please do the right thing: Delete it without reading any of the contents. Thank you. From: John Sent: Friday, July 21, 2023 5:05 PM To: Laura Castner ; Doug Pick ; wendy@mazzolalindstrom.com; 'Richard Lerner' ; Laura@mazzolalindstrom.com; Ron ; jgoldstein@wilkauslander.com; katie@mazzolalindstrom.com; ehorn@aystrauss.com Subject: Incorrect Return Date for Motion to Dismiss; Barasch Cases + Consolidation Dear All, The Part Clerk confirmed that there is no appearance required on Monday and that the adjournment is being reflected per my email. The appearance on Monday, July 28th, is “live” at 9:30am. Please also let me know asap if your clients are willing to stipulate to consolidate the two cases. Thank you. Kind regards, John FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 John R. Cahill john@artxlaw.com ARTxLAW PLLC Main 212-719-4400 Mobile 917-674-5135 Mobilis in Mobili https://artxlaw.com/ CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If received in error, please do the right thing: Delete it without reading any of the contents. Thank you. From: John Sent: Friday, July 21, 2023 1:11 PM To: 'Sara J. Crasson' ; Laura Castner ; Doug Pick ; wendy@mazzolalindstrom.com; 'Richard Lerner' ; Laura@mazzolalindstrom.com; Ron ; jgoldstein@wilkauslander.com; katie@mazzolalindstrom.com; ehorn@aystrauss.com Subject: Incorrect Return Date for Motion to Dismiss; Barasch Cases -- Index Nos. 652287/2023 and 652380/2023 Importance: High Dear Ms. Crasson: We represent the defendants Schiff Fine Art, LLC and Lisa Schiff in the above- referenced cases before the Court. Please allow us to bring to the Court’s attention that the motion to dismiss that we filed, which had an original return date of June 23 was adjourned twice at the request of Plaintiffs’ counsel, most recently to July 28th at the Plaintiff’s request per the attached stipulation. (Dkt. 26). The Court’s calendar inadvertently reflects a return date of this Monday, July 24th. Because our reply papers (per the agreed stipulation) are not due to be served until Tuesday, July 24th, we would like to have the return date moved forward. Given some unexpected events and, assuming that there is no objection from the Plaintiffs, we would propose to have the return date remain Monday, July 28th as provided in the stipulation agreed among the parties but also request an additional two-day extension to file our reply papers—that is no later than Thursday, July 27th. Thank you. FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 Respectfully yours, John R. Cahill john@artxlaw.com ARTxLAW PLLC Main 212-719-4400 Mobile 917-674-5135 Mobilis in Mobili https://artxlaw.com/ CONFIDENTIALITY NOTICE: This email and the attachments are legally privileged and confidential. If received in error, please do the right thing: Delete it without reading any of the contents. Thank you. From: Sara J. Crasson Sent: Friday, July 21, 2023 10:22 AM To: Laura Castner ; Doug Pick ; wendy@mazzolalindstrom.com; 'Richard Lerner' ; Laura@mazzolalindstrom.com; John ; Ron ; jgoldstein@wilkauslander.com; katie@mazzolalindstrom.com; ehorn@aystrauss.com Subject: RE: Barasch matters -- Index Nos. 652287/2023 and 652380/2023 Good morning, Ms. Castner, Thank you for the reminder about the written orders. We will get those efiled as soon as possible. Thank you, Sara Crasson Principal Law Clerk to Justice Billings From: Laura Castner Sent: Thursday, July 20, 2023 6:11 PM To: Sara J. Crasson Subject: FW: Barasch matters -- Index Nos. 652287/2023 and 652380/2023 Ms. Crasson, I just received a bounceback message; my apologies if this did not get to you the first time. Kind regards, Laura Castner Laura D. Castner Mazzola Lindstrom LLP FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 Attorney 2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067 1350 Avenue of the Americas, 2nd Floor, New York, NY 10019 T: 310.694.8585 laura@mazzolalindstrom.com | www.mazzolalindstrom.com NEW YORK * LOS ANGELES From: Laura Castner Sent: Thursday, July 20, 2023 6:08 PM To: 'Sara J. Crasson' scrasson@nycourts.gov <'Sara J.Crasson' scrasson@nycourts.gov> Cc: Wendy Lindstrom ; Richard Lerner ; Laura Castner ; ehorn@aystrauss.com; john@artxlaw.com; ron@artxlaw.com; Katie O'Leary ; dpick@picklaw.net; Nina Edelman Subject: Barasch matters -- Index Nos. 652287/2023 and 652380/2023 Dear Ms. Crasson: The parties appeared before Judge Billings on the two OTSCs in these matters on Monday, July 17th. At the hearing, Judge Billings directed that the plaintiffs post undertakings in the following amounts, as the TROs were converted to permanent injunctions: $100 in the 652287/2023 matter $50,000 in the 652380/2023 matter. After the hearing, my colleague Richard Lerner conferred with the County Clerk regarding the logistics of getting the money deposited into Court, and was advised that plaintiffs cannot deposit the money until the Court issues and dockets the written orders reflecting the amounts required for the undertakings. We have Plaintiffs’ checks in hand; however, we do not yet have the written orders from the Court. As Judge Billings directed that plaintiffs pay the money into court by Friday, we request that the order be issued at the Court’s earliest convenience, so that the moneys can be paid into Court. Given that it is Thursday, we ask that the date by which the funds must be deposited with the Clerk’s office be extended to next Tuesday, July 25. All attorneys who have appeared and attended the hearing are copied in. Thank you. Respectfully yours, Laura Castner FILED: NEW YORK COUNTY CLERK 11/15/2023 06:52 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 11/15/2023 Laura D. Castner Mazzola Lindstrom LLP Attorney 2121 Avenue of the Stars, Ste. 800, Los Angeles, CA 90067 1350 Avenue of the Americas, 2nd Floor, New York, NY 10019 T: 310.694.8585 laura@mazzolalindstrom.com | www.mazzolalindstrom.com NEW YORK * LOS ANGELES Please be CAREFUL when clicking links or opening attachments from external senders.