Preview
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024
James D. Spithogiannis
From: eric@rothsteinlawny.com
Sent: Thursday, January 25, 2024 1:19 PM
To: James D. Spithogiannis
Cc: djgruber@gsplawyers.com; Marian C. Rice
Subject: RE: 3395-108550 McCabe, Eileen v. Meritt Hock & Hamroff LLP, Henry Klosowski and
Denni: McCabe, Eileen v. Meritt Hock & Hamroff LLP - Index No. 723167/2023
James - when you are 83 and not in the best of health, every day the case does not move forward prejudices
her. The issue is less about the length of the extension and more about whether you will agree to conduct
discovery if you make a 3211 motion.
Thank you.
Eric Rothstein
-----Original Message-----
From: "James D. Spithogiannis"
Sent: Thursday, January 25, 2024 1:14pm
To: "eric@rothsteinlawny.com"
Cc: "djgruber@gsplawyers.com" , "Marian C. Rice"
Subject: RE: 3395-108550 McCabe, Eileen v. Moritt Hock & HamroffLLP, Henry Klosowski and Denni:
McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023
Hi Eric,
We understand that your client is in her 80s, but a courtesy extension will not prejudice her. In addition, you can make
requests regarding a discovery schedule at any time. A request for an expedited discovery schedule does not need to be
tied to a motion for an extension oftime.
In an effort to resolve this, we attach a revised stipulation reducing our extension to February 29, 2024.
Thanks,
Jamey
James D. Spithogiannis
Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
3 Huntington Quadrangle, Suite 102 S
Melville, NY 1174 7
Telephone: (516) 294-8844
Direct Dial: (516) 837-7464
Cell: (516) 510-9703
Fax: (516) 294-8202
E-Mail: JSpithogiannis@lbcclaw.com
Web: www.lbcclaw.com
CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the
attorney/work product privilege It is intended only for the use of the individual named above . If the person actually receiving this email or any other reader of this
message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use,
1
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024
dissemination , distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, please immediately notify us by
email and delete the message from your system
From: eric@rothsteinlawny.com
Sent: Thursday, January 25, 2024 12:42 PM
To: James D. Spithogiannis
Cc: djgruber@gsplawyeis.com; Marian C. Rice
Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v.
Maritt Hock & Hamroff LLP - Index No. 723167 /2023
James:
Civility works both ways and my client is in her 80s.
If you want to move to extend your time, feel free to do so, and I will contact the Judge, the moment one is
assigned, to request an expediated discovery schedule.
Thank you.
Eric Rothstein
-----Original Message-----
From: "James D. Spithogiannis"
Sent: Thursday, January 25, 2024 12:37pm
To: "e1ic@rothsteinlawny.com"
Cc: "djgruber@gsplawyers.com" , "Marian C. Rice"
Subject: McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023
Hi Eric,
I did address your concern. We have not decided whether we are answering the complaint or moving to
dismiss. Accordingly, I cannot agree to do discovery while a motion (which may or may not be made) is pending.
Under Section III of the New York Standards of Civility, "the first request for an extension to respond to pleadings
ordinarily should be granted as a matter of courtesy." See Section III B. Furthermore, "[a] lawyer should not attach
unfair or extraneous conditions to extensions of time." See Section III C.
My first request is objectively reasonable, and if you unnecessarily compel us to move for an extension of time, our new
deadline may very well be set beyond the March 13 th requested date.
My partner Marian is copied on this e-mail. This initial request should not require a discussion, but let us know if you'd
like to speak with us this afternoon.
Thanks,
Jamey
James D. Spithogiannis
Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
3 Huntington Quadrangle, Suite 102 S
Melville, NY 1174 7
2
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024
Telephone: (516) 294-8844
Direct Dial: (516) 837-7464
Cell: (516) 510-9703
Fax: (516) 294-8202
E-Mail: JSpithoqiannis@lbcclaw.com
Web: www.lbcclaw.com
CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above. If the person actually receiving this email or any other reader of this
message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use,
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by
email and delete the message from your system.
From: eric@rothsteinlawny.com
Sent: Thursday, January 25, 2024 12:20 PM
To: James D. Spithogiannis
Cc: djgruber@gsplawyers.com
Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v.
Moritt Hock & Hamroff LLP- Index No. 723167/2023
James - that is basically a non-response to the concerns that I laid out, so at this point I have to respectfully
decline your request for an extension.
I have a case with Marian Rice, your Managing Partner, and we have a good relationship, so please feel free to
loop her in on this if you think it will be productive.
Thank you.
Eric Rothstein
-----Original Message-----
From: "James D. Spithogiannis"
Sent: Thursday, January 25, 2024 12:08pm
To: "eric@rothsteinlawny.com"
Cc: "d jgraber@gsplawyers.com"
Subject: McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023
Hi Eric,
We have not decided how we are going to respond to the complaint. Permitting us time to make that decision is one of the
purposes of our extension request. By our calculation, all defendants' initial deadlines to respond to the complaint fall
during next week. An initial, courtesy extension of roughly 45 days, to March 13, 2024, is based on a review of my
schedule and is objectively reasonable. Attached is a stipulation reflecting the courtesy extension. Please sign and date it
and return it to me by e-mail. Of course, we will provide all reasonable courtesies to you and David throughout this
litigation. I am happy to speak substantively about this matter once I am able.
Thanks,
Jamey
James D. Spithogiannis
Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
3 Huntington Quadrangle, Suite 102 S
3
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024
Melville, NY 1174 7
Telephone: (516) 294-8844
Direct Dial: (516) 837-7464
Cell: (516) 510-9703
Fax: (516) 294-8202
E-Mail : JSpithogiannis@lbcclaw.com
Web: www.lbcclaw.com
CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above. If the person actually receiving this email or any other reader of this
message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use,
dissemination, distribution, or copying of this communication is strictly prohibited . If you have received this communication in error, please immediately notify us by
email and delete the message from your system
From: eric@rothstein lawny.com
Sent: Thursday, January 25, 2024 11:26 AM
To: James D. Spithogiannis
Cc: djgruber@gsplawye rs.com
Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v.
Moritt Hock & Hamroff LLP - Index No. 723167 /2023
Good morning, James.
Sorry for the delay in getting back to you.
Given our client's advanced age, your request is problematic.
I know from NYSCEF that your firm has represented Moritt Hock & Hamroffin multiple cases and that you
usually file a pre-Answer 3211 motion, which I assume you plan to do in this case given the length of the
extension you are requesting.
Are you amenable to doing discovery while your motion is pending? Otherwise, I will ask the Judge to lift the
automatic stay pursuant to CPLR 3214(b).
I do not think it will take long to exchange discovery due to the New Jersey litigation.
We are happy to jump on a call if you want to discuss.
Thank you.
Eric Rothstein
-----Original Message-----
From: "James D. Spithogiannis"
Sent: Thursday, January 25, 2024 10:46am
To: "eric@rothsteinlawny.com" , "djgruber@gsp1awyers.com"
Subject: McCabe, Eileen v. Maritt Hock & HamroffLLP - Index No. 723167/2023
Good morning, Eric and David,
I'm following up on my request below.
Thanks,
4
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024
Jamey
James D. Spithogiannis
Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
3 Huntington Quadrangle, Suite 102 S
Melville, NY 11747
Telephone: (516) 294-8844
Direct Dial : (516) 837-7464
Cell: (516) 510-9703
Fax: (516) 294-8202
E-Mail: JSpithogiannis@lbcclaw.com
Web: www.lbcclaw.com
CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above If the person actually receiving this email or any other reader of this
message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use,
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error. please immediately notify us by
email and delete the message from your system.
From: James D. Spithogiannis
Sent: Wednesday, January 24, 2024 2:41 PM
To: eric@rothsteinlawny.com : djgruber@gsplawyers.com
Subject: McCabe, Eileen v. Maritt Hock & Hamroff LLP - Index No. 723167 /2023
Eric and David,
We've been engaged to represent all defendants in this matter. It appears the defendants' initial time to respond to the
complaint expires in the next week or so. We request a deadline of March 13, 2024, for all defendants to respond to the
complaint. If this is acceptable, we will send you a stipulation. Thank you for your courtesy.
Jamey
James D. Spithogiannis
Partner
L'Abbate, Balkan, Colavita & Contini, L.L.P.
3 Huntington Quadrangle, Suite 102 S
Melville, NY 1174 7
Telephone: (516) 294-8844
Direct Dial : (516) 837-7464
Cell: (516) 510-9703
Fax: (516) 294-8202
E-Mail: JSpithogiannis@lbcclaw.com
Web: www.lbcclaw.com
CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the
attorney/work product privilege. It is intended only for the use of the individual named above If the person actually receiving this email or any other reader of this
message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient. any use,
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by
email and delete the message from your system .
5
Preview
FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024 James D. Spithogiannis From: eric@rothsteinlawny.com Sent: Thursday, January 25, 2024 1:19 PM To: James D. Spithogiannis Cc: djgruber@gsplawyers.com; Marian C. Rice Subject: RE: 3395-108550 McCabe, Eileen v. Meritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v. Meritt Hock & Hamroff LLP - Index No. 723167/2023 James - when you are 83 and not in the best of health, every day the case does not move forward prejudices her. The issue is less about the length of the extension and more about whether you will agree to conduct discovery if you make a 3211 motion. Thank you. Eric Rothstein -----Original Message----- From: "James D. Spithogiannis" Sent: Thursday, January 25, 2024 1:14pm To: "eric@rothsteinlawny.com" Cc: "djgruber@gsplawyers.com" , "Marian C. Rice" Subject: RE: 3395-108550 McCabe, Eileen v. Moritt Hock & HamroffLLP, Henry Klosowski and Denni: McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023 Hi Eric, We understand that your client is in her 80s, but a courtesy extension will not prejudice her. In addition, you can make requests regarding a discovery schedule at any time. A request for an expedited discovery schedule does not need to be tied to a motion for an extension oftime. In an effort to resolve this, we attach a revised stipulation reducing our extension to February 29, 2024. Thanks, Jamey James D. Spithogiannis Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. 3 Huntington Quadrangle, Suite 102 S Melville, NY 1174 7 Telephone: (516) 294-8844 Direct Dial: (516) 837-7464 Cell: (516) 510-9703 Fax: (516) 294-8202 E-Mail: JSpithogiannis@lbcclaw.com Web: www.lbcclaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the attorney/work product privilege It is intended only for the use of the individual named above . If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, 1 FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024 dissemination , distribution , or copying of this communication is strictly prohibited . If you have received this communication in error, please immediately notify us by email and delete the message from your system From: eric@rothsteinlawny.com Sent: Thursday, January 25, 2024 12:42 PM To: James D. Spithogiannis Cc: djgruber@gsplawyeis.com; Marian C. Rice Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v. Maritt Hock & Hamroff LLP - Index No. 723167 /2023 James: Civility works both ways and my client is in her 80s. If you want to move to extend your time, feel free to do so, and I will contact the Judge, the moment one is assigned, to request an expediated discovery schedule. Thank you. Eric Rothstein -----Original Message----- From: "James D. Spithogiannis" Sent: Thursday, January 25, 2024 12:37pm To: "e1ic@rothsteinlawny.com" Cc: "djgruber@gsplawyers.com" , "Marian C. Rice" Subject: McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023 Hi Eric, I did address your concern. We have not decided whether we are answering the complaint or moving to dismiss. Accordingly, I cannot agree to do discovery while a motion (which may or may not be made) is pending. Under Section III of the New York Standards of Civility, "the first request for an extension to respond to pleadings ordinarily should be granted as a matter of courtesy." See Section III B. Furthermore, "[a] lawyer should not attach unfair or extraneous conditions to extensions of time." See Section III C. My first request is objectively reasonable, and if you unnecessarily compel us to move for an extension of time, our new deadline may very well be set beyond the March 13 th requested date. My partner Marian is copied on this e-mail. This initial request should not require a discussion, but let us know if you'd like to speak with us this afternoon. Thanks, Jamey James D. Spithogiannis Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. 3 Huntington Quadrangle, Suite 102 S Melville, NY 1174 7 2 FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024 Telephone: (516) 294-8844 Direct Dial: (516) 837-7464 Cell: (516) 510-9703 Fax: (516) 294-8202 E-Mail: JSpithoqiannis@lbcclaw.com Web: www.lbcclaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above. If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email and delete the message from your system. From: eric@rothsteinlawny.com Sent: Thursday, January 25, 2024 12:20 PM To: James D. Spithogiannis Cc: djgruber@gsplawyers.com Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v. Moritt Hock & Hamroff LLP- Index No. 723167/2023 James - that is basically a non-response to the concerns that I laid out, so at this point I have to respectfully decline your request for an extension. I have a case with Marian Rice, your Managing Partner, and we have a good relationship, so please feel free to loop her in on this if you think it will be productive. Thank you. Eric Rothstein -----Original Message----- From: "James D. Spithogiannis" Sent: Thursday, January 25, 2024 12:08pm To: "eric@rothsteinlawny.com" Cc: "d jgraber@gsplawyers.com" Subject: McCabe, Eileen v. Moritt Hock & HamroffLLP - Index No. 723167/2023 Hi Eric, We have not decided how we are going to respond to the complaint. Permitting us time to make that decision is one of the purposes of our extension request. By our calculation, all defendants' initial deadlines to respond to the complaint fall during next week. An initial, courtesy extension of roughly 45 days, to March 13, 2024, is based on a review of my schedule and is objectively reasonable. Attached is a stipulation reflecting the courtesy extension. Please sign and date it and return it to me by e-mail. Of course, we will provide all reasonable courtesies to you and David throughout this litigation. I am happy to speak substantively about this matter once I am able. Thanks, Jamey James D. Spithogiannis Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. 3 Huntington Quadrangle, Suite 102 S 3 FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024 Melville, NY 1174 7 Telephone: (516) 294-8844 Direct Dial: (516) 837-7464 Cell: (516) 510-9703 Fax: (516) 294-8202 E-Mail : JSpithogiannis@lbcclaw.com Web: www.lbcclaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above. If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited . If you have received this communication in error, please immediately notify us by email and delete the message from your system From: eric@rothstein lawny.com Sent: Thursday, January 25, 2024 11:26 AM To: James D. Spithogiannis Cc: djgruber@gsplawye rs.com Subject: RE: 3395-108550 McCabe, Eileen v. Maritt Hock & Hamroff LLP, Henry Klosowski and Denni: McCabe, Eileen v. Moritt Hock & Hamroff LLP - Index No. 723167 /2023 Good morning, James. Sorry for the delay in getting back to you. Given our client's advanced age, your request is problematic. I know from NYSCEF that your firm has represented Moritt Hock & Hamroffin multiple cases and that you usually file a pre-Answer 3211 motion, which I assume you plan to do in this case given the length of the extension you are requesting. Are you amenable to doing discovery while your motion is pending? Otherwise, I will ask the Judge to lift the automatic stay pursuant to CPLR 3214(b). I do not think it will take long to exchange discovery due to the New Jersey litigation. We are happy to jump on a call if you want to discuss. Thank you. Eric Rothstein -----Original Message----- From: "James D. Spithogiannis" Sent: Thursday, January 25, 2024 10:46am To: "eric@rothsteinlawny.com" , "djgruber@gsp1awyers.com" Subject: McCabe, Eileen v. Maritt Hock & HamroffLLP - Index No. 723167/2023 Good morning, Eric and David, I'm following up on my request below. Thanks, 4 FILED: QUEENS COUNTY CLERK 01/29/2024 12:20 PM INDEX NO. 723167/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/29/2024 Jamey James D. Spithogiannis Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. 3 Huntington Quadrangle, Suite 102 S Melville, NY 11747 Telephone: (516) 294-8844 Direct Dial : (516) 837-7464 Cell: (516) 510-9703 Fax: (516) 294-8202 E-Mail: JSpithogiannis@lbcclaw.com Web: www.lbcclaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error. please immediately notify us by email and delete the message from your system. From: James D. Spithogiannis Sent: Wednesday, January 24, 2024 2:41 PM To: eric@rothsteinlawny.com : djgruber@gsplawyers.com Subject: McCabe, Eileen v. Maritt Hock & Hamroff LLP - Index No. 723167 /2023 Eric and David, We've been engaged to represent all defendants in this matter. It appears the defendants' initial time to respond to the complaint expires in the next week or so. We request a deadline of March 13, 2024, for all defendants to respond to the complaint. If this is acceptable, we will send you a stipulation. Thank you for your courtesy. Jamey James D. Spithogiannis Partner L'Abbate, Balkan, Colavita & Contini, L.L.P. 3 Huntington Quadrangle, Suite 102 S Melville, NY 1174 7 Telephone: (516) 294-8844 Direct Dial : (516) 837-7464 Cell: (516) 510-9703 Fax: (516) 294-8202 E-Mail: JSpithogiannis@lbcclaw.com Web: www.lbcclaw.com CONFIDENTIALITY NOTICE: The information contained in this message and any attachments may be information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient. any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email and delete the message from your system . 5