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FILED: BRONX COUNTY CLERK 12/22/2023 10:58 AM INDEX NO. 811079/2023E
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/22/2023
EXHIBIT L
FILED: BRONX
QUEENSCOUNTY
COUNTYCLERK
CLERK12/22/2023
01/20/202310:58
02:16AM
PM INDEX
INDEXNO.
NO.811079/2023E
713456/2022
NYSCEF DOC. NO. 24
30 RECEIVED NYSCEF: 12/22/2023
01/20/2023
At IAS Part 23 of the Supreme Court
of the State of New York, held in and
1/20/2023 for the County of Queens, at the
Courthouse thereof, 25-10 Court
Square, Long Island City, NY 11101,
on the 2nd day of December, 2022.
PRESENT: HON. Karina E. Alomar, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
ROMAN PELECH, : Index No.: 713456/2022
:
Plaintiff, : Motion Sequence No.: 1
:
- against - : ORDER GRANTING
: APPLICATION TO STAY
UBER USA, LLC, UBER TECHNOLOGIES, INC.,: JUDICIAL PROCEEDINGS
RASIER-NY, LLC, and YINGJIAN CHEN, : PENDING COMPLETION OF
: ARBITRATION
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
WHEREAS, on October 25, 2022, Defendants Uber USA, LLC, Uber Technologies, Inc.
and Rasier-NY, LLC (collectively, “Uber” or “Moving Defendants”) filed an application by Order
to Show Cause (NYSCEF Doc. # 19)(the “Application”) seeking the entry of an Order (i) pursuant
to CPLR § 2201, CPLR § 7503(c), and 9 U.S.C.§ 3, for an immediate stay of this action, including
all discovery, pending completion of Uber’s arbitration proceeding against Plaintiff Roman Pelech
before the American Arbitration Association (Case No. 01-22-0004-2850)(the “Arbitration”) for
the same claims asserted in that action; and (ii) for such other and further relief as this Court deems
just and proper;
WHEREAS, in support of their Application, Moving Defendants submitted the
Affirmation of Joshua S. Stern, dated October 21, 2022 and the exhibits annexed thereto (NYSCEF
Doc. ## 21-24);
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FILED: BRONX
QUEENSCOUNTY
COUNTYCLERK
CLERK12/22/2023
01/20/202310:58
02:16AM
PM INDEX
INDEXNO.
NO.811079/2023E
713456/2022
NYSCEF DOC. NO. 24
30 RECEIVED NYSCEF: 12/22/2023
01/20/2023
WHEREAS, on October 27, 2022, the Court ordered that Plaintiff Roman Pelech and
Defendant Yingjian Chen show cause before this Court pursuant to a virtual conference on
Microsoft Teams on December 1, 2022, at 11:00 a.m.;
WHEREAS, on November 30, 2022, Plaintiff filed the Affirmation of Andrew S. Koenig,
Esq. dated November 30, 2022 (NYSCEF Doc. # 28), in partial opposition to the Application;
WHEREAS, Defendant Yingjian Chen did not file any opposition to the Application; and
WHEREAS, on December 1, 2022, the parties conducted a virtual oral argument before
the Court in connection the Application;
UPON all the papers and proceedings heretofore had herein, it is hereby ORDERED as
follows:
(1) Uber’s Application is granted; and
(2) This Action, including all discovery, is immediately stayed pending completion of
Uber’s arbitration proceeding against Plaintiff Roman Pelech before the American
Arbitration Association (Case No. 01-22-0004-2850).
Dated: December 2, 2022
Queens, New York
ENTER:
________________________________
Hon. Karina E. Alomar, J.S.C.
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FILED: BRONX COUNTY CLERK 12/22/2023 10:58 AM INDEX NO. 811079/2023E NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/22/2023 EXHIBIT L FILED: BRONX QUEENSCOUNTY COUNTYCLERK CLERK12/22/2023 01/20/202310:58 02:16AM PM INDEX INDEXNO. NO.811079/2023E 713456/2022 NYSCEF DOC. NO. 24 30 RECEIVED NYSCEF: 12/22/2023 01/20/2023 At IAS Part 23 of the Supreme Court of the State of New York, held in and 1/20/2023 for the County of Queens, at the Courthouse thereof, 25-10 Court Square, Long Island City, NY 11101, on the 2nd day of December, 2022. PRESENT: HON. Karina E. Alomar, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X ROMAN PELECH, : Index No.: 713456/2022 : Plaintiff, : Motion Sequence No.: 1 : - against - : ORDER GRANTING : APPLICATION TO STAY UBER USA, LLC, UBER TECHNOLOGIES, INC.,: JUDICIAL PROCEEDINGS RASIER-NY, LLC, and YINGJIAN CHEN, : PENDING COMPLETION OF : ARBITRATION Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X WHEREAS, on October 25, 2022, Defendants Uber USA, LLC, Uber Technologies, Inc. and Rasier-NY, LLC (collectively, “Uber” or “Moving Defendants”) filed an application by Order to Show Cause (NYSCEF Doc. # 19)(the “Application”) seeking the entry of an Order (i) pursuant to CPLR § 2201, CPLR § 7503(c), and 9 U.S.C.§ 3, for an immediate stay of this action, including all discovery, pending completion of Uber’s arbitration proceeding against Plaintiff Roman Pelech before the American Arbitration Association (Case No. 01-22-0004-2850)(the “Arbitration”) for the same claims asserted in that action; and (ii) for such other and further relief as this Court deems just and proper; WHEREAS, in support of their Application, Moving Defendants submitted the Affirmation of Joshua S. Stern, dated October 21, 2022 and the exhibits annexed thereto (NYSCEF Doc. ## 21-24); 1 1 of 2 FILED: BRONX QUEENSCOUNTY COUNTYCLERK CLERK12/22/2023 01/20/202310:58 02:16AM PM INDEX INDEXNO. NO.811079/2023E 713456/2022 NYSCEF DOC. NO. 24 30 RECEIVED NYSCEF: 12/22/2023 01/20/2023 WHEREAS, on October 27, 2022, the Court ordered that Plaintiff Roman Pelech and Defendant Yingjian Chen show cause before this Court pursuant to a virtual conference on Microsoft Teams on December 1, 2022, at 11:00 a.m.; WHEREAS, on November 30, 2022, Plaintiff filed the Affirmation of Andrew S. Koenig, Esq. dated November 30, 2022 (NYSCEF Doc. # 28), in partial opposition to the Application; WHEREAS, Defendant Yingjian Chen did not file any opposition to the Application; and WHEREAS, on December 1, 2022, the parties conducted a virtual oral argument before the Court in connection the Application; UPON all the papers and proceedings heretofore had herein, it is hereby ORDERED as follows: (1) Uber’s Application is granted; and (2) This Action, including all discovery, is immediately stayed pending completion of Uber’s arbitration proceeding against Plaintiff Roman Pelech before the American Arbitration Association (Case No. 01-22-0004-2850). Dated: December 2, 2022 Queens, New York ENTER: ________________________________ Hon. Karina E. Alomar, J.S.C. 2 2 of 2