Preview
FERGUSON COHENLLP
Attorneys atLaw
John J. Ferguson â€
25 Field Point Road counsel
of
StuartM. Cohen*
Greenwich, Connecticut 06830 Peter C. Schaumber ****
Gerard M. Wrynn â€
Telephone: (203) 661-5222 John E. Meerbergen***
Sheila T. †â€
Murphy Facsimile: (203) 661-1197 Alan D. Berlin*
Michael K. Stanton, Jr. †â€
Rick M. Capozza
J. Lincoln Hallowell â€
www.fercolaw.com Bryan J. Farrell*
Jennifer Graziano***
Associates †††â€
Jo-Anne Herina Jeffreys
Daniel H. Walsh †. Patrick Loftus**
John-Christopher Record*
Kenneth Padgett*
Brian P. Shea*****
Kenneth G. Walsh*
†Admittedin CT & NY * Admittedin NY Only
** Admittedin NY & NJ tt Admittedin CT, NY& FL
ttttAdmittedin FL, NY, NJ, DC Bars †††Admittedin FL & NY
****Admittedin DC & VA ***Admittedin CT Only
*****Admittedin CT & MA
June 18, 2020
1st
VIA E-MAIL & CLASS MAIL
ewurstho@nvcourts.gov
Hon. Lynn R. Kotler, J.S.C.
Supreme Court - New York County
80 Centre Street - Room 278
New York, New York 10013
Attention: Eric Wursthorn, Esq.
Re: Noreen D. Roth v. Rubinstein et at
Index No.: 154855/2016
Dear Mr. Wursthorn:
The undersigned represents Plaintiff Noreen D. Roth.
No Notice of Settlement having been filed or served, we take this opportunity to address
the Proposed Judgment submitted by counsel for the Defendants. We submit herewith a
Proposed Counter-Judgment, which has been e-filed today as well.
Defendants'
In its Decision, dated May 21, 2020, which granted the Motion for Summary
Judgment, the Court did not award costs or disbursements. In the Decision, the Court
specifically stated the following: "Any requested relief not expressly addressed herein has
nonetheless been considered and is hereby expressly rejected and this constitutes the decision
court."
and order of the However, the Proposed Judgment and Bill of Costs (electronically filed
by Defendants on June 8, 2020) propose costs and disbursements for a total of $745.00.
Plaintiff's Proposed Counter-Judgment deletes any mention of costs and disbursements,
consistent with the Court's Decision.
1 North Lexington Avenue, Suite 701, White New York 10601 397-2400
Plains, (914) Facsimile (914) 437-6354
500 Fifth Avenue, Suite 526, Naples, Florida 34102 302-2768
(239)
66 Newtown Lane, East H::;t:, New York 11937 324-4377
(631)
Page 2
June 18, 2020
Thank you for the Court's consideration, time and attention.
Very truly yours,
Michael K. Stanton, Jr.
MKS/jcr
Enclosure
cc: Scott Salant, Esq.
ssalant@ddw-law.com
Joseph Saburn, Esq.
ioseph.saburn@saburnlawarouo.com
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
............. ___ ...................................................................X
NOREEN D. ROTH,
PROPOSED
COUNTER-JUDGMENT
Plaintiff,
-against- Index No. 154855/2016
RUBINSTEIN & RUBINSTEIN, L.L.P.,
KENNETH RUBINSTEIN, and ASHER RUBINSTEIN,
Defendants.
..........................._____.............................x
..............................
Defendants Rubinstein & Rubinstein, L.L.P., Kenneth Rubinstein, and Asher Rubinstein
having moved this Court by Notice of Motion, dated December 6, 2019, for an Order directing
entry of summary judgment dismissing Plaintiffs complaint in its entirety, together with such
other further and different relief as the Court deemed just and appropriate in the circumstance
and the costs in favor of the defendants and against the plaintiff Noreen D. Roth, and the plaintiff
having filed a Note of Issue on or about August 8, 2019, and the motion having duly come to be
heard before this Court and this Court, by Hon. Lynn R Kotler, J.S.C., having rendered its
Decision and Order dated May 21, 2020 which directed the entry of summary judgment in favor
of defendants dismissing the complaint in its entirety with prejudice; itis hereby
ADJUDGED, that plaintiff Noreen D. Roth's complaint is dismissed in its entirety with
prejudice; and
ADJUDGED, that Defendants Rubinstein & Rubinstein, L.L.P. whose address was 18
East 48th Street, 10th Floor, New York, New York, 10017, Kenneth Rubinstein whose address is
8 Michaels Lane, Old Brookville, New York 11545, and Asher Rubinstein, whose address is 27
West 72nd St, Apt. 412, New York, New York 10023 have judgment.
Consistent with the Court's Decision, which expressly denied all relief not specified, no costs
are awarded.
ENTER:
Date
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
..............................X
.................................................
NOREEN D. ROTH,
PROPOSED
COUNTER-JUDGMENT
(COPY HIGHLIGHTING
CHANGES)
Plaintiff,
-against- Index No. 154855/2016
RUBINSTEIN & RUBINSTE1N, L.L.P.,
KENNETH RUBINSTEIN, and ASHER RUBINSTEIN,
Defendants.
Deletions are struck through, and the sole addition is bolded to highlight changes for the Court.
Defendants Rubinstein & Rubinstein, L.L.P., Kenneth Rubinstein, and Asher Rubinstein
having moved this Court by Notice of Motion, dated December 6, 2019, for an Order directing
entry of summary judgment dismissing Plaintiffs complaint in its entirety, together with such
other further and different relief as the Court deemed just and appropriate in the circumstance
and the costs in favor of the defendants and against the plaintiff Noreen D. Roth, and the plaintiff
having filed a Note of Issue on or about August 8, 2019, and the motion having duly come to be
heard before this Court and this Court, by Hon. Lynn R Kotler, J.S.C., having rendered its
Decision and Order dated May 21, 2020 which directed the entry of summary judgroe11t in favor
of defendants dismissing the complaint in its entirety with prejudice;
it ishereby
ADJUDGED, that plaintiff Noreen D. Roth's complaint is dismissed in its entirety with
prejudice; and
ADJUDGED, that Defendants Rubinstein & Rubinstein, L.L.P. whose address was 18
East 48th Street, 10th Floor, New York, New York, 10017, Kenneth Rubinstein whose address is
8 Michaels Lane, Old Brookville, New York 11545, and Asher Rubinstein, whose address is 27
West 72nd St, Apt. 412, New York, New York 10023 have judgment.
Censistent with the Court's Decision, which expressly denied all relief, not specified, no
costs are awarded.
ENTER:
Date
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOREEN D. ROTH,
Plaintiff,
-against-
RUBINSTEIN & RUBINSTEIN, LLP, KENNETH
RUBINSTEIN and ASHER RUBINSTEIN,
Defendants.
PROPOSED COUNTER-JUDGMENT and
PROPOSED COUNTER-JUDGMENT with COPY HIGHLIGHTING CHANGES
___ __
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attaracyadmitted topractice inthe courtsof
New York State,certifies
that,upon inferniaticñand beliefand reasonable inquiry,the c0ñtêñticñs
contained in theannexed document are notfrivolous.
Dated: June 18, 2020 Signature: b4 N. StÜ
Michael K. Stantoh, Jr.
Michael K. Stanton, Jr.
Gerard M. Wrynn
FERGUSON COHEN LLP
Attorneys for NOREEN D. ROTH
One North Lexingtoñ Avenue - Suite 701
White Plains, NY 10601
Tel. No.: (914) 397-2400
NYSCEF -
New York County Supreme Court
Confirmation Notice
The NYSCEF website has received an electrciiicfilingon 06/18/2020 02:38 PM. Please keep this notice
as a confirmation of thisfiling.
154855/2016
Noreen D Roth - v. - Rubinstein & Rubenstein, L.L.P. et al
Assigned Judge: Lynn R Kotler
Documents Received on 06/18/2020 02:38 PM
Doc # Document Type
108 JUDGMENT -TO COURT (PROPOSED)
Filing User
Michael K. Stanton | mstanton@fercolaw.com
25 Field Point Rd, Greenwich, CT 06830
E-mail Notifications
An email regarding thisfilinghas been sent to the fallcwiiigon 06/18/2020 02:38 PM:
JUDD BURSTEIN - jburstein@burlaw.com
SHARI B. HOCHBERG - shochberg@ddw-law.com
JOHN-CHRISTOPHER RECORD - jcrecord@fercolaw.com
KENNETH RUBINSTEIN - krubinstein@=ssetlawyer.com
KENNETH RUBINSTEIN - KR@GDBLaw.Com
JOSEPH M. SABURN - joseph.saburn@saburnlawgroup.com
SCOTT M. SALANT - ssalant@ddw-law.com
MICHAEL K. STANTON JR - mstanton@fercolaw.com
LORENZO VENDITTI - lvenditti@ilm17.Iaw.harvard.edu
NOTE: If submitting a working copy of this filing to the court, you must include as a notification
page firmly affixed thereto a copy of this Confirmation Notice.
Hon. Milton A. Tingling New York County Clerk and Clerk of the Supreme Court
Phone: 646-386-5956 Website. http://www.nycourts.gov/courts/1jd/supctmani icuüñty_clerk_operations.shtml
NYSCEF Resource Center, EFils@iiycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 1 of1
Preview
FERGUSON COHENLLP Attorneys atLaw John J. Ferguson †25 Field Point Road counsel of StuartM. Cohen* Greenwich, Connecticut 06830 Peter C. Schaumber **** Gerard M. Wrynn †Telephone: (203) 661-5222 John E. Meerbergen*** Sheila T. ††Murphy Facsimile: (203) 661-1197 Alan D. Berlin* Michael K. Stanton, Jr. ††Rick M. Capozza J. Lincoln Hallowell †www.fercolaw.com Bryan J. Farrell* Jennifer Graziano*** Associates ††††Jo-Anne Herina Jeffreys Daniel H. Walsh †. Patrick Loftus** John-Christopher Record* Kenneth Padgett* Brian P. Shea***** Kenneth G. Walsh* †Admittedin CT & NY * Admittedin NY Only ** Admittedin NY & NJ tt Admittedin CT, NY& FL ttttAdmittedin FL, NY, NJ, DC Bars †††Admittedin FL & NY ****Admittedin DC & VA ***Admittedin CT Only *****Admittedin CT & MA June 18, 2020 1st VIA E-MAIL & CLASS MAIL ewurstho@nvcourts.gov Hon. Lynn R. Kotler, J.S.C. Supreme Court - New York County 80 Centre Street - Room 278 New York, New York 10013 Attention: Eric Wursthorn, Esq. Re: Noreen D. Roth v. Rubinstein et at Index No.: 154855/2016 Dear Mr. Wursthorn: The undersigned represents Plaintiff Noreen D. Roth. No Notice of Settlement having been filed or served, we take this opportunity to address the Proposed Judgment submitted by counsel for the Defendants. We submit herewith a Proposed Counter-Judgment, which has been e-filed today as well. Defendants' In its Decision, dated May 21, 2020, which granted the Motion for Summary Judgment, the Court did not award costs or disbursements. In the Decision, the Court specifically stated the following: "Any requested relief not expressly addressed herein has nonetheless been considered and is hereby expressly rejected and this constitutes the decision court." and order of the However, the Proposed Judgment and Bill of Costs (electronically filed by Defendants on June 8, 2020) propose costs and disbursements for a total of $745.00. Plaintiff's Proposed Counter-Judgment deletes any mention of costs and disbursements, consistent with the Court's Decision. 1 North Lexington Avenue, Suite 701, White New York 10601 397-2400 Plains, (914) Facsimile (914) 437-6354 500 Fifth Avenue, Suite 526, Naples, Florida 34102 302-2768 (239) 66 Newtown Lane, East H::;t:, New York 11937 324-4377 (631) Page 2 June 18, 2020 Thank you for the Court's consideration, time and attention. Very truly yours, Michael K. Stanton, Jr. MKS/jcr Enclosure cc: Scott Salant, Esq. ssalant@ddw-law.com Joseph Saburn, Esq. ioseph.saburn@saburnlawarouo.com SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ............. ___ ...................................................................X NOREEN D. ROTH, PROPOSED COUNTER-JUDGMENT Plaintiff, -against- Index No. 154855/2016 RUBINSTEIN & RUBINSTEIN, L.L.P., KENNETH RUBINSTEIN, and ASHER RUBINSTEIN, Defendants. ..........................._____.............................x .............................. Defendants Rubinstein & Rubinstein, L.L.P., Kenneth Rubinstein, and Asher Rubinstein having moved this Court by Notice of Motion, dated December 6, 2019, for an Order directing entry of summary judgment dismissing Plaintiffs complaint in its entirety, together with such other further and different relief as the Court deemed just and appropriate in the circumstance and the costs in favor of the defendants and against the plaintiff Noreen D. Roth, and the plaintiff having filed a Note of Issue on or about August 8, 2019, and the motion having duly come to be heard before this Court and this Court, by Hon. Lynn R Kotler, J.S.C., having rendered its Decision and Order dated May 21, 2020 which directed the entry of summary judgment in favor of defendants dismissing the complaint in its entirety with prejudice; itis hereby ADJUDGED, that plaintiff Noreen D. Roth's complaint is dismissed in its entirety with prejudice; and ADJUDGED, that Defendants Rubinstein & Rubinstein, L.L.P. whose address was 18 East 48th Street, 10th Floor, New York, New York, 10017, Kenneth Rubinstein whose address is 8 Michaels Lane, Old Brookville, New York 11545, and Asher Rubinstein, whose address is 27 West 72nd St, Apt. 412, New York, New York 10023 have judgment. Consistent with the Court's Decision, which expressly denied all relief not specified, no costs are awarded. ENTER: Date SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ..............................X ................................................. NOREEN D. ROTH, PROPOSED COUNTER-JUDGMENT (COPY HIGHLIGHTING CHANGES) Plaintiff, -against- Index No. 154855/2016 RUBINSTEIN & RUBINSTE1N, L.L.P., KENNETH RUBINSTEIN, and ASHER RUBINSTEIN, Defendants. Deletions are struck through, and the sole addition is bolded to highlight changes for the Court. Defendants Rubinstein & Rubinstein, L.L.P., Kenneth Rubinstein, and Asher Rubinstein having moved this Court by Notice of Motion, dated December 6, 2019, for an Order directing entry of summary judgment dismissing Plaintiffs complaint in its entirety, together with such other further and different relief as the Court deemed just and appropriate in the circumstance and the costs in favor of the defendants and against the plaintiff Noreen D. Roth, and the plaintiff having filed a Note of Issue on or about August 8, 2019, and the motion having duly come to be heard before this Court and this Court, by Hon. Lynn R Kotler, J.S.C., having rendered its Decision and Order dated May 21, 2020 which directed the entry of summary judgroe11t in favor of defendants dismissing the complaint in its entirety with prejudice; it ishereby ADJUDGED, that plaintiff Noreen D. Roth's complaint is dismissed in its entirety with prejudice; and ADJUDGED, that Defendants Rubinstein & Rubinstein, L.L.P. whose address was 18 East 48th Street, 10th Floor, New York, New York, 10017, Kenneth Rubinstein whose address is 8 Michaels Lane, Old Brookville, New York 11545, and Asher Rubinstein, whose address is 27 West 72nd St, Apt. 412, New York, New York 10023 have judgment. Censistent with the Court's Decision, which expressly denied all relief, not specified, no costs are awarded. ENTER: Date SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOREEN D. ROTH, Plaintiff, -against- RUBINSTEIN & RUBINSTEIN, LLP, KENNETH RUBINSTEIN and ASHER RUBINSTEIN, Defendants. PROPOSED COUNTER-JUDGMENT and PROPOSED COUNTER-JUDGMENT with COPY HIGHLIGHTING CHANGES ___ __ Pursuant to 22 NYCRR 130-1.1, the undersigned, an attaracyadmitted topractice inthe courtsof New York State,certifies that,upon inferniaticñand beliefand reasonable inquiry,the c0ñtêñticñs contained in theannexed document are notfrivolous. Dated: June 18, 2020 Signature: b4 N. StÜ Michael K. Stantoh, Jr. Michael K. Stanton, Jr. Gerard M. Wrynn FERGUSON COHEN LLP Attorneys for NOREEN D. ROTH One North Lexingtoñ Avenue - Suite 701 White Plains, NY 10601 Tel. No.: (914) 397-2400 NYSCEF - New York County Supreme Court Confirmation Notice The NYSCEF website has received an electrciiicfilingon 06/18/2020 02:38 PM. Please keep this notice as a confirmation of thisfiling. 154855/2016 Noreen D Roth - v. - Rubinstein & Rubenstein, L.L.P. et al Assigned Judge: Lynn R Kotler Documents Received on 06/18/2020 02:38 PM Doc # Document Type 108 JUDGMENT -TO COURT (PROPOSED) Filing User Michael K. Stanton | mstanton@fercolaw.com 25 Field Point Rd, Greenwich, CT 06830 E-mail Notifications An email regarding thisfilinghas been sent to the fallcwiiigon 06/18/2020 02:38 PM: JUDD BURSTEIN - jburstein@burlaw.com SHARI B. HOCHBERG - shochberg@ddw-law.com JOHN-CHRISTOPHER RECORD - jcrecord@fercolaw.com KENNETH RUBINSTEIN - krubinstein@=ssetlawyer.com KENNETH RUBINSTEIN - KR@GDBLaw.Com JOSEPH M. SABURN - joseph.saburn@saburnlawgroup.com SCOTT M. SALANT - ssalant@ddw-law.com MICHAEL K. STANTON JR - mstanton@fercolaw.com LORENZO VENDITTI - lvenditti@ilm17.Iaw.harvard.edu NOTE: If submitting a working copy of this filing to the court, you must include as a notification page firmly affixed thereto a copy of this Confirmation Notice. Hon. Milton A. Tingling New York County Clerk and Clerk of the Supreme Court Phone: 646-386-5956 Website. http://www.nycourts.gov/courts/1jd/supctmani icuüñty_clerk_operations.shtml NYSCEF Resource Center, EFils@iiycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 1 of1