Preview
FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
EXHIBIT A
FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
ORIGINAL
1 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS: CIVIL TERM: PART 18
2 - - - - - - - - - - - - - - - - - - - - - - - -X
RAMESH SARVA, Individually and
3 ON BEHALF OF LAW ALLIES, INC.,
Plaintiffs,
4 INDEX NUMBER:
- against - 14616/12
5 MOTION
6 SHREENATH LAXMAN and VINAY GAONKAR,
Defendants.
7 - - - - - - - - - - - - - - - - - - - - - - - -X
8 Supreme Courthouse
88-11 Sutphin Boulevard
9 Jamaica, New York 11435
10 April 30, 2015
11 BEFORE:
12 HONORABLE DUANE A. HART,
" ¹³
Justice of the Supreme Co·rt
I 11LIEt)
14 APPEARANCES:
MAY 12 2015
15 BERNARD OUZIEL, ESQ. COUNTYCLERK
QUEENS COUNTY
Attorney for the Plaintiffs
16 13 Schoolhouse Road
Great Neck, New York 11020
17
18 RUSSELL, FRIEDMAN & ASSOCIATES, LLP
Attorneys for the Defendants
19 3000 Marcus Avenue, Suite 2E03
Lake Success, New York 11042
20 BY: CHARLES H. HORN, ESQ.
21
22
23
24
25 MARY KATE WALDRON
OFFICIAL COURT REPORTER
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FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
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NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
2
PROCEEDINGS
1 THE COURT: This is Index Number 14616 of 2012,
2 continued from my conference/motion calendar from
3 yesterday. This is the caption, Ramesh Sarva, et al,
4 versus Shreenath Laxman, et al.
5 Can I have the appearances of counsel?
6 MR. OUZIEL: Bernard Ouziel, attorney for the
7 plaintiffs, 13 Schoolhouse Lane, Great Neck, New York.
8 MR. HORN: For the defendant, Charles Horn,
9 Russell, Friedman & Associates, 3000 Marcus Avenue, Lake
10 Success, New York 11042, Suite 2E03.
11 THE COURT: Firstly, this is on the TAP calendar
12 for May 6th. However, I am led to believe there has been
13 no discovery.
14 MR. OUZIEL: That's not accurate. There has been
15 some discovery.
16 THE COURT: What discovery?
17 MR. OUZIEL: I don't remember.
18 THE COURT: Enough for a trial?
19 MR. OUZIEL: No. Because -- no. The answer is
20 no.
21 THE COURT: Okay. So I am the note of
vacating
22 issue.
23 And please inform the folks down at TAP that the
" 24 note of issue has been vacated.
25 It's on for May 6th, I am the note of
tap vacating
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FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
3
.
PROCEEDINGS
1 issue.
2 Now, before me are motions for summary judgment by
3 the defendants; an aff and op from the plaintiff, and also
4 another motion by the plaintiff for permission to join the
5 necessary party.
6 Let me deal with that first. Whose is the party?
7 MR. OUZIEL: PSRS who they say is the essential
8 party.
9 THE COURT: Any opposition? Because at this stage
10 New York Law basically mandates it.
11 MR. HORN: If you look at my paper, my objection
12 was I've never gotten -- are a new I am
they adding party,
13 not allowed -- I haven't had from them.
discovery
14 THE COURT: Louisa, the motion to add a necessary
15 party is granted. We will issue a written decision, but
16 that's granted. That's consistent with New York Law with
17 regards to amending pleadings, particularly at this early
18 stage.
19 with regards to --
Now,
20 MR. HORN: I'm sorry to interrupt. For procedural
21 there is one other motion.
22 THE COURT: I am going to get to that.
23 MR. HORN: Sorry.
" 24 THE COURT: What's the nature of the other motion?
25 MR. HORN: You granted it to strike the note of
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.
FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
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NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
4
PROCEEDINGS
1 issue.
2 THE COURT: Note of issue was stricken and
3 vacated. The note of issue was vacated.
4 And now you have a summary judgment motion.
5 MR. HORN: That's correct, your Honor.
6 THE COURT: We are going to hold that in abeyance
7 until -- given the reason I vacated the judgment
summary
8 motion.
9 There appears to be some outstanding discovery.
10 So it's set up for a PC, I believe, next week.
11 MR. OUZIEL: Yes, that's correct.
12 THE COURT: So that motion for summary judgment
13 is --
14 MR. HORN: Before you rule --
15 THE COURT: I am vacating. They told me there is
16 little, if any, discovery. I am still vacating the note,
17 but in the not too distant future I am going to bring
18 everybody back.
19 May 20th at 2 o'clock we are going to sit down and
20 have a discovery conference before myself or Miss Chan.
21 MR. OUZIEL: I am not going to be here until after
22 the 21st.
23 THE COURT: 27th?
24 MR. OUZIEL: Fine.
25 THE COURT: May 27th, 2 o'clock.
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FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
5
PROCEEDINGS
1 We will hold onto this motion and we will have a
2 discovery conference before either Miss Chan or myself and
3 see what's outstanding.
4 So we will see you May 27th.
5 I'll also tell you that I anticipate ordering a
6 full accounting, the cost will be shared by both parties.
7 And unless people can convince me otherwise, it's
8 also my intent to put this business in receivership based
plaintiffs'
9 on the allegation of mismanagement and/or
10 conversion.
11 Second Department case law suggests that either
12 one of those causes of action -- the there is also
by way,
13 a question of standing.
14 Mr. Horn, you are suggesting that the plaintiff
15 has no standing because he has no ownership?
16 MR. HORN: That's correct, your Honor.
17 THE COURT: Okay. Who owns the stock in this
18 company?
19 MR. HORN: PSFR, it's a trust.
20 MR. OUZIEL: PSRS.
21 MR. HORN: That's 50 percent of the company.
22 MR. OUZIEL: That's who he is to block
attempting
23 from becoming an essential party.
" 24 MR. HORN: That's not accurate at all.
25 THE COURT: Excuse me. One at a time.
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FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
6
PROCEEDINGS
1 MR. HORN: If I may?
2 THE COURT: That's a decision without a
3 difference, because all I have to do is say, counsel is
4 suing under a constructive trust theory and we are still
5 back to --
6 MR. HORN: You have been around a long time. The
7 one thing the Court should be aware of, the initial motion
8 on my part was to strike the note of issue. The reason why
9 was because I --
10 THE COURT: You were thinking of constructive
11 trust all along?
12 MR. OUZIEL: All along.
13 MR. HORN: But we were running out of time for
14 summary judgment.
15 THE COURT: Be ready to deal with the issues of
16 the accounting and ownership, which is not really an issue,
17 because it's either a owner or suing under the theory of
18 constructive trust.
19 We will deal with that 2 o'clock, 27th.
May
20 MR. HORN: I do have one --
21 MR. OUZIEL: When we go to TAP next week -- off
22 the record for a second?
23 THE COURT: Sure.
24 (Whereupon, a discussion was held off the record.)
25 THE COURT: On the record.
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FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021
NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024
PROCEEDINGS
1 MR. HORN: You had talked about holding the
2 summary judgment in abeyance. The problem is I would like
3 to reserve my right to make a summary judgement motion.
4 THE COURT: I said denied without prejudice.
5 MR. HORN: Then I --
6 THE COURT: Denied without prejudice.
7 MR. HORN: New parties.
8 THE COURT: Yes. May 27th, 2 o'clock, then I will
9 see you.
10 (Whereupon, Court stood adjourned.)
11 **********************************
.
12 CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT OF THE ORIGINAL
STENOGRAPHIC MINUTES TAKEN OF THIS PROCEEDING.
13
14
16 MARY KATE WALDRON
OFFICIAL COURT REPORTER
17
18
19
20 MAY 12 2015
COUNTY CLERK
21 QUEENS COUNTY
22
23
24
25
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Preview
FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 EXHIBIT A FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 ORIGINAL 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS: CIVIL TERM: PART 18 2 - - - - - - - - - - - - - - - - - - - - - - - -X RAMESH SARVA, Individually and 3 ON BEHALF OF LAW ALLIES, INC., Plaintiffs, 4 INDEX NUMBER: - against - 14616/12 5 MOTION 6 SHREENATH LAXMAN and VINAY GAONKAR, Defendants. 7 - - - - - - - - - - - - - - - - - - - - - - - -X 8 Supreme Courthouse 88-11 Sutphin Boulevard 9 Jamaica, New York 11435 10 April 30, 2015 11 BEFORE: 12 HONORABLE DUANE A. HART, " ¹³ Justice of the Supreme Co·rt I 11LIEt) 14 APPEARANCES: MAY 12 2015 15 BERNARD OUZIEL, ESQ. COUNTYCLERK QUEENS COUNTY Attorney for the Plaintiffs 16 13 Schoolhouse Road Great Neck, New York 11020 17 18 RUSSELL, FRIEDMAN & ASSOCIATES, LLP Attorneys for the Defendants 19 3000 Marcus Avenue, Suite 2E03 Lake Success, New York 11042 20 BY: CHARLES H. HORN, ESQ. 21 22 23 24 25 MARY KATE WALDRON OFFICIAL COURT REPORTER mkw FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 . NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 2 PROCEEDINGS 1 THE COURT: This is Index Number 14616 of 2012, 2 continued from my conference/motion calendar from 3 yesterday. This is the caption, Ramesh Sarva, et al, 4 versus Shreenath Laxman, et al. 5 Can I have the appearances of counsel? 6 MR. OUZIEL: Bernard Ouziel, attorney for the 7 plaintiffs, 13 Schoolhouse Lane, Great Neck, New York. 8 MR. HORN: For the defendant, Charles Horn, 9 Russell, Friedman & Associates, 3000 Marcus Avenue, Lake 10 Success, New York 11042, Suite 2E03. 11 THE COURT: Firstly, this is on the TAP calendar 12 for May 6th. However, I am led to believe there has been 13 no discovery. 14 MR. OUZIEL: That's not accurate. There has been 15 some discovery. 16 THE COURT: What discovery? 17 MR. OUZIEL: I don't remember. 18 THE COURT: Enough for a trial? 19 MR. OUZIEL: No. Because -- no. The answer is 20 no. 21 THE COURT: Okay. So I am the note of vacating 22 issue. 23 And please inform the folks down at TAP that the " 24 note of issue has been vacated. 25 It's on for May 6th, I am the note of tap vacating mkw FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 3 . PROCEEDINGS 1 issue. 2 Now, before me are motions for summary judgment by 3 the defendants; an aff and op from the plaintiff, and also 4 another motion by the plaintiff for permission to join the 5 necessary party. 6 Let me deal with that first. Whose is the party? 7 MR. OUZIEL: PSRS who they say is the essential 8 party. 9 THE COURT: Any opposition? Because at this stage 10 New York Law basically mandates it. 11 MR. HORN: If you look at my paper, my objection 12 was I've never gotten -- are a new I am they adding party, 13 not allowed -- I haven't had from them. discovery 14 THE COURT: Louisa, the motion to add a necessary 15 party is granted. We will issue a written decision, but 16 that's granted. That's consistent with New York Law with 17 regards to amending pleadings, particularly at this early 18 stage. 19 with regards to -- Now, 20 MR. HORN: I'm sorry to interrupt. For procedural 21 there is one other motion. 22 THE COURT: I am going to get to that. 23 MR. HORN: Sorry. " 24 THE COURT: What's the nature of the other motion? 25 MR. HORN: You granted it to strike the note of mkw . FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 . NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 4 PROCEEDINGS 1 issue. 2 THE COURT: Note of issue was stricken and 3 vacated. The note of issue was vacated. 4 And now you have a summary judgment motion. 5 MR. HORN: That's correct, your Honor. 6 THE COURT: We are going to hold that in abeyance 7 until -- given the reason I vacated the judgment summary 8 motion. 9 There appears to be some outstanding discovery. 10 So it's set up for a PC, I believe, next week. 11 MR. OUZIEL: Yes, that's correct. 12 THE COURT: So that motion for summary judgment 13 is -- 14 MR. HORN: Before you rule -- 15 THE COURT: I am vacating. They told me there is 16 little, if any, discovery. I am still vacating the note, 17 but in the not too distant future I am going to bring 18 everybody back. 19 May 20th at 2 o'clock we are going to sit down and 20 have a discovery conference before myself or Miss Chan. 21 MR. OUZIEL: I am not going to be here until after 22 the 21st. 23 THE COURT: 27th? 24 MR. OUZIEL: Fine. 25 THE COURT: May 27th, 2 o'clock. mkw FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 5 PROCEEDINGS 1 We will hold onto this motion and we will have a 2 discovery conference before either Miss Chan or myself and 3 see what's outstanding. 4 So we will see you May 27th. 5 I'll also tell you that I anticipate ordering a 6 full accounting, the cost will be shared by both parties. 7 And unless people can convince me otherwise, it's 8 also my intent to put this business in receivership based plaintiffs' 9 on the allegation of mismanagement and/or 10 conversion. 11 Second Department case law suggests that either 12 one of those causes of action -- the there is also by way, 13 a question of standing. 14 Mr. Horn, you are suggesting that the plaintiff 15 has no standing because he has no ownership? 16 MR. HORN: That's correct, your Honor. 17 THE COURT: Okay. Who owns the stock in this 18 company? 19 MR. HORN: PSFR, it's a trust. 20 MR. OUZIEL: PSRS. 21 MR. HORN: That's 50 percent of the company. 22 MR. OUZIEL: That's who he is to block attempting 23 from becoming an essential party. " 24 MR. HORN: That's not accurate at all. 25 THE COURT: Excuse me. One at a time. mkw FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 6 PROCEEDINGS 1 MR. HORN: If I may? 2 THE COURT: That's a decision without a 3 difference, because all I have to do is say, counsel is 4 suing under a constructive trust theory and we are still 5 back to -- 6 MR. HORN: You have been around a long time. The 7 one thing the Court should be aware of, the initial motion 8 on my part was to strike the note of issue. The reason why 9 was because I -- 10 THE COURT: You were thinking of constructive 11 trust all along? 12 MR. OUZIEL: All along. 13 MR. HORN: But we were running out of time for 14 summary judgment. 15 THE COURT: Be ready to deal with the issues of 16 the accounting and ownership, which is not really an issue, 17 because it's either a owner or suing under the theory of 18 constructive trust. 19 We will deal with that 2 o'clock, 27th. May 20 MR. HORN: I do have one -- 21 MR. OUZIEL: When we go to TAP next week -- off 22 the record for a second? 23 THE COURT: Sure. 24 (Whereupon, a discussion was held off the record.) 25 THE COURT: On the record. mkw FILED: QUEENS COUNTY CLERK 04/26/2024 02:08 PM INDEX NO. 700982/2021 NYSCEF DOC. NO. 173 RECEIVED NYSCEF: 04/26/2024 PROCEEDINGS 1 MR. HORN: You had talked about holding the 2 summary judgment in abeyance. The problem is I would like 3 to reserve my right to make a summary judgement motion. 4 THE COURT: I said denied without prejudice. 5 MR. HORN: Then I -- 6 THE COURT: Denied without prejudice. 7 MR. HORN: New parties. 8 THE COURT: Yes. May 27th, 2 o'clock, then I will 9 see you. 10 (Whereupon, Court stood adjourned.) 11 ********************************** . 12 CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT OF THE ORIGINAL STENOGRAPHIC MINUTES TAKEN OF THIS PROCEEDING. 13 14 16 MARY KATE WALDRON OFFICIAL COURT REPORTER 17 18 19 20 MAY 12 2015 COUNTY CLERK 21 QUEENS COUNTY 22 23 24 25 mkw