Preview
FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______________________________________________Ç
ROYAL MASONRY & MAINTENANCE, INC., Index No.: 615146/2023
Plaintiff, NOTICE OF REQUEST FOR
TEMPORARY RESTRAINING
-against- ORDER
1660 FRONT STREET LLC, CIPRIANO
LANDSCAP1NG NURSERY, INC., and MARIA
MARKINOVA,
Defendants.
_______________________________________Ç
PLEASE TAKE NOTICE that a proposed Order to Show Cause containing a temporary
restraining order with respect to this matter, a copy of which is annexed hereto, will be presented
to a Justice of this Court for signature via efiling on January 3, 2024, at which time the proposed
Order to Show Cause and supporting papers will be served/available to you pursuant to 22
NYCRR § 202.5-b(2).
PLEASE TAKE FURTHER NOTICE that when the undersigned's office is informed
by the Court, you will immediately be advised of the date, time and place a Justice'is available to
hear argument on the requested temporary restraining order, sufficient to permit you an
opportunity to appear in response to the application.
Date: Ronkonkoma, New York
McDermett- LLP
January 2, 2024 andery,
RObERT G. McDERMOTT
3075 Veterans Memorial Highway, Suite 260
Ronkonkoma, New York 11779
Tel, No. (631) 414-0094
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FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
To: Natraj S. Bhusan
Turturro Law, P.C.
Attorneys for Plaintiff
1361 North Railroad Avenue
Staten Island, New York 10306
Service E-mail:natrajsbhushan@gmail.com
Other E-mails:natraj@turturrolawpe.com
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FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
At an IAS Part __ of the Supreme Court
of the State of New York, held in and for the
County of Nassau, at the Courthouse located
at 100 Supreme Court Drive, Mineola, New
York, on the day of January, 2024.
P R E S E N T:
HONORABLE
Justice
____________------------------______________------------X
ROYAL MASONRY & MAINTENANCE, INC., Index No.: 615146/2023
Plaintiff, ORDER TO SHOW CAUSE
-against-
1660 FRONT STREET LLC, CIPRIANO
LANDSCAP1NG NURSERY, INC., and MARIA
MARKINOVA,
Defendants.
____________----___------------------------X
On reading and filing the annexed affirmation of Robert G. McDermott, dated and duly
2"d
affirmed on the day of January, 2024, and all of the exhibits thereto, including the Agreement
of Sale of Assets dated March 10, 2023 between Plaintiff and Defendant Cipriano Landscaping
Nursery, Inc.,
LET Plaintiff or its attorneys show cause before the Justice presiding at an I.A.S. Part
__ of this Court, to be held in and for the County of Nassau, at the Courthouse located at 100
Supreme Court Drive, Mineola, New York, on the _ day of , 2024, at 9:30
a.m. of that day or as soon thereafter as counsel can be heard why an order should not be made
and entered herein:
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FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024
[a] Pursuant to CPLR § 7503, staying this action as to Defendants CIPRIANO
LANDSCAPING NURSERY, INC., and MARIA MARKOV1NA (sued
incorrectly herein as "MARIA MARKINOVA"); and
[b] Compelling Plaintiff to arbitrate any and all claims relating to our arising out of
the Agreement of Sale of Assets dated March 10, 2023; and
[c] Granting CIRPRIANO LANDSCAP1NG NURSERY, INC. and MARIA
MARKOVINA such other and further relief as the Court deems is fair, just and
equitable under the circumstances; and it is further
ORDERED, that pending the hearing and determination of this motion, that this action
be stayed and Plaintiff shall be enjoined and restrained from prosecuting this action as against
Defendants CIPRIANO LANDSCAPING NURSERY, INC., and MARIA MARKOVlNA (sued
incorrectly herein as "MARIA MARKINOVA"); and it is further
ORDERED, that service of a copy of this Order to Show Cause, and the papers upon
which it is based upon Natraj Saddival Bhushan, attorney for Plaintiff, pursuant to 22 NYCRR
§202.5-b(2) shall be deemed good an sufficient service.
E N T E R:
J.S.C.
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Preview
FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______________________________________________Ç ROYAL MASONRY & MAINTENANCE, INC., Index No.: 615146/2023 Plaintiff, NOTICE OF REQUEST FOR TEMPORARY RESTRAINING -against- ORDER 1660 FRONT STREET LLC, CIPRIANO LANDSCAP1NG NURSERY, INC., and MARIA MARKINOVA, Defendants. _______________________________________Ç PLEASE TAKE NOTICE that a proposed Order to Show Cause containing a temporary restraining order with respect to this matter, a copy of which is annexed hereto, will be presented to a Justice of this Court for signature via efiling on January 3, 2024, at which time the proposed Order to Show Cause and supporting papers will be served/available to you pursuant to 22 NYCRR § 202.5-b(2). PLEASE TAKE FURTHER NOTICE that when the undersigned's office is informed by the Court, you will immediately be advised of the date, time and place a Justice'is available to hear argument on the requested temporary restraining order, sufficient to permit you an opportunity to appear in response to the application. Date: Ronkonkoma, New York McDermett- LLP January 2, 2024 andery, RObERT G. McDERMOTT 3075 Veterans Memorial Highway, Suite 260 Ronkonkoma, New York 11779 Tel, No. (631) 414-0094 1 of 4 FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 To: Natraj S. Bhusan Turturro Law, P.C. Attorneys for Plaintiff 1361 North Railroad Avenue Staten Island, New York 10306 Service E-mail:natrajsbhushan@gmail.com Other E-mails:natraj@turturrolawpe.com 2 of 4 FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 At an IAS Part __ of the Supreme Court of the State of New York, held in and for the County of Nassau, at the Courthouse located at 100 Supreme Court Drive, Mineola, New York, on the day of January, 2024. P R E S E N T: HONORABLE Justice ____________------------------______________------------X ROYAL MASONRY & MAINTENANCE, INC., Index No.: 615146/2023 Plaintiff, ORDER TO SHOW CAUSE -against- 1660 FRONT STREET LLC, CIPRIANO LANDSCAP1NG NURSERY, INC., and MARIA MARKINOVA, Defendants. ____________----___------------------------X On reading and filing the annexed affirmation of Robert G. McDermott, dated and duly 2"d affirmed on the day of January, 2024, and all of the exhibits thereto, including the Agreement of Sale of Assets dated March 10, 2023 between Plaintiff and Defendant Cipriano Landscaping Nursery, Inc., LET Plaintiff or its attorneys show cause before the Justice presiding at an I.A.S. Part __ of this Court, to be held in and for the County of Nassau, at the Courthouse located at 100 Supreme Court Drive, Mineola, New York, on the _ day of , 2024, at 9:30 a.m. of that day or as soon thereafter as counsel can be heard why an order should not be made and entered herein: 3 of 4 FILED: NASSAU COUNTY CLERK 01/02/2024 04:52 PM INDEX NO. 615146/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2024 [a] Pursuant to CPLR § 7503, staying this action as to Defendants CIPRIANO LANDSCAPING NURSERY, INC., and MARIA MARKOV1NA (sued incorrectly herein as "MARIA MARKINOVA"); and [b] Compelling Plaintiff to arbitrate any and all claims relating to our arising out of the Agreement of Sale of Assets dated March 10, 2023; and [c] Granting CIRPRIANO LANDSCAP1NG NURSERY, INC. and MARIA MARKOVINA such other and further relief as the Court deems is fair, just and equitable under the circumstances; and it is further ORDERED, that pending the hearing and determination of this motion, that this action be stayed and Plaintiff shall be enjoined and restrained from prosecuting this action as against Defendants CIPRIANO LANDSCAPING NURSERY, INC., and MARIA MARKOVlNA (sued incorrectly herein as "MARIA MARKINOVA"); and it is further ORDERED, that service of a copy of this Order to Show Cause, and the papers upon which it is based upon Natraj Saddival Bhushan, attorney for Plaintiff, pursuant to 22 NYCRR §202.5-b(2) shall be deemed good an sufficient service. E N T E R: J.S.C. 4 of 4