Preview
(FILED: KINGS COUNTY CLERK 0170472016 07:26 PM INDEX NO. 510933/2015
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
eee tec een een een nnnnnennnnnnnnnnnnnnnnnin —-X
GALT NIEDERHOFFER,
Index No. 510933/2015
Plaintiff,
-~against- NOTICE QF MOTION
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
Defendants.
me eeenennnnnennnnennnannnannnanannneuenedaunnnnenencecerenrnnnnenenene X
PLEASE TAKE NOTICE that, upon the annexed affirmation of Randolph E. White,
dated January 4, 2016, together with the exhibits annexed thereto and the accompanying
Memorandum of Law, and upon all prior papers heretofore filed and proceedings heretofore had
herein, Plaintiff Galt Niederhoffer (“Plaintiff”) will move this Supreme Court, Kings County, at
the courthouse located at 360 Adams Street, Brookiyn, New York, 11201, on February 8, 2016,
or as soon thereafter as counsel can be heard, for entry of an order (i) pursuant to CPLR 306-b,
extending the time to serve the Summons and Complaint on Defendant Lovin 60 days; (ii)
pursuant to CPLR 308(5), authorizing service upon the Defendant, Lovin by email to
emekenseycalhoun@gmail.com with additional copies being mailed (a) to the Defendant,
Jonathan Gordon, whom upon information and belief, is in contact with the Defendant, Lovin,
and (b) to the Defendant, Lovin’s mother, Sandra Lovin, whom upon information and belief is in
contact with the Defendant, Lovin, and (iii) granting the Plaintiff such other and further relief as
the Court deems just and proper.PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), opposing
Papers, if any, are required to be served upon the undersigned so as to be received at least seven
(7) days before the return date of this motion.
Dated: New York, New York
January 4, 2016
WHITE & WOLNERMAN, PLLC
By:
Randolph E. White, Esq.
950 Third Avenue, 11" Floor
New York, New York 10022
(212) 308-0667
Attorneys for PlaintiffSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
mee XK
GALT NIEDERHOFFER,
Index No. 510933/2015
Plaintiff,
-against- AFFIRMATION
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
Defendants.
mace nnewnnec er nnneenineennnnnenenemnennes eeeee nena nenmeeennennnceenancen) Xx
RANDOLPH E. WHITE, ESQ., an attorney duly admitted to practice before the courts of
the State of New York, affirms the following under penalty of perjury:
1. I am a member of the law firm of WHITE & WOLNERMAN, PLLC, attorneys
for the Plaintiff, GALT NIEDERHOFFER and as such J am familiar with the facts of this case
and submit this Affirmation in support of Plaintiff's Motion pursuant to CPLR 306-b to extend
time for service of the Summons and Verified Complaint upon Defendant Erin Lovin a/k/a Erin
McKensey (“Lovin”) and for relief pursuant to CPLR 308(5) to serve Defendant Lovin by
alternate means, including by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing
a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o
Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379; and (iii) mailing a copy to
the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue,
Apartment 4N, Brooklyn, New York 11249,
2. Annexed hereto as Exhibit “A” is the Plaintiff's Ex Parte Application (Docket No.
9).WHEREFORE, Plaintiff respectfully requests that this Court issue an order granting
Plaintiff's Motion in its entirety.
Dated: New York, New York
January 4, 2016EXHIBIT ASUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
secrete eennwenannnennennneternnae tonne nnennnnennn nn nrewene mreeenen an, x
GALT NIEDERHOFFER,
Index No. 510933/2015
Plaintiff,
-against-
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
Defendants.
RA 0) ‘ERNAT SERVICE
Upon the Application, dated October 15, 2015 (the “Application”) of Plaintiff Galt
Niederhoffer, pursuant to CPLR 308(5), for an order authorizing the Plaintiff to effectuate
service of the Summons and Verified Complaint on the Defendant Erin Lovin a/k/a Erin
McKensey (“Lovin”) by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a
copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan
Avenue, Apartment 4N, Brooklyn, New York 11249; and (iii) mailing a copy to the last known
address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533
Beaverdam Church Rd., Rockingham, NC 28379; and the Court having determined that the legal
and factual bases set forth in the Application establish just cause for the relief granted herein; it
is
ORDERED, that the Application is granted and Plaintiff is authorized under CPLR
308(5) to effectuate service of the Summons and Verified Complaint on the Defendant Lovin by:
(i) electronic mai! to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant
Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N,Brooklyn, New York 11249; and (ii) mailing a copy to the last known address of the Defendant
Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd,
Rockingham, NC 28379.
Dated: Brooklyn, New York
2015
ENTER:
HON. JSCSUPREME COURT OF THE STATE OF NEW YC
COUNTY OF KINGS onic
Index No. 510933/2015
Plaintiff,
-against-
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
aren erent arene cece enenen eee eennnceneananenatenennauensenes X
PLAINTIFF'S EX PARTE APPLICATION FOR ENTRY OF AN ORDER
ATIVE ‘VICE
Plaintiff Galt Niederhoffer, submits this Application (the “Application”) for entry of an
order authorizing the Plaintiff to effectuate service of the Summons and Verified Complaint on
the Defendant Erin Lovin a/k/a Erin McKensey (“Lovin”) by: (i) electronic mail to
emekenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his
home residence located at 80 Metropolitan Avenue, Apartment 4N, Brooklyn, New York 11249;
and (iii) mailing a copy to the last known address of the Defendant Lovin's mother's residence at
Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379. In support
of this Application, the Plaintiff respectfully submits as follows:
L Attached hereto as Exhibit “A” is the affidavit of non-service on Defendant
Lovin’s last known address,
2. Attached here as Exhibit “B” is correspondence between the Plaintiff and the
Defendant, Lovin via email.
3. CPLR Section 308(5) provides for substitute service. A plaintiff may move ex
parte for leave to serve a defendant in such a manner as the court directs if service under CPLR §308 subdivisions 1, 2, and 4 are impracticable. Home Fed. Sav. Bank v Versace, 252 AD2d 480,
480 (2d Dept. 1998) (“It is well established that CPLR 308(5) vests a court with the discretion to
direct an alternative method for service of process when it has determined that the methods set
forth in CPLR 308(1), (2), and (4) are “impracticable”) (citing Astrologo v. Serra, 240 A.D.2d
606, 659 N.Y.S.2d 481; Kelly v. Lewis, 220 A.D.2d 485, 632 N.Y.S.2d 186; Tremont Fed Sav.
& Loan Assn. v. Ndanusa, 144 AD.2d 660, 535 N.Y.S.2d 8.) Courts have broad discretion in
ordering methods of service pursuant to Rule 308(5), Jd.
4, “Courts are now routinely permitting [email] as a form of alternative service.”
Baidoo v Blood-Dzraku, 48 Misc 3d 309, 310 (Sup. Ct. 2015).
5. Case law, in accordance with well-established constitutional principles requires
that the method devised by the court be one that is “reasonably calculated, under all the
circumstances, to apprise [the defendant] of the pendency of the action.” Baidoo v Blood-Dzraku,
supra at 311 citing Hollow v. Hollow, 193 Misc.2d 691, 696, 747 N.Y.S.2d 704 (Sup.Ct.,
Oswego County, 2002) (quoting Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314,
70 S.Ct. 652, 94 L.Ed. 865 (1950).
6. As discussed above, Defendant, Lovin does not reside at the last known address
that she provided the Plaintiff with; however, she has corresponded with the Plaintiff before
using the emai] address emckenseycalhoun@gmail.com, Additionally, the Defendant, Lovin,
upon information and belief is in contact with the Defendant, Gordon and her mother.
7 Accordingly, the Plaintiff requests entry of an Order, substantially in the form
annexed hereto as Exhibit “C”, authorizing service upon the Defendant, Lovin by email, with
additional copies being mailed to the Defendant, Jonathan Gordon, and the Defendant, Lovin’s
mother.clusion
WHEREFORE, the Plaintiff requests entry of an Order, substantially in the form annexed
hereto as Exhibit C (i) authorizing service upon the Defendant, Lovin by email to
emckenseycalhoun@gmail.com with additional copies being mailed (a) to the Defendant,
Jonathan Gordon, whom upon information and belief, is in contact with the Defendant, Lovin,
and (b) to the Defendant, Lovin's mother, Sandra Lovin, whom upon information and belief is in
contact with the Defendant, Lovin, and (ii) granting the Plaintiff such other and further relief as
the Court deems just and proper.
Dated: New York, New York
October 15, 2015
WHITE & WOLNERMAN, PLLC
By:
Randolph E. White, Esq.
950 Third Avenue, 11" Floor
New York, New York 10022
Phone: (212) 308-0667
Attorneys for PlaintiffEXHIBIT AAFFIDAVIT OF DUE DILIGENCE
nn IGENCE
SUPREME COURT OF THE STATE OF NEW YORK Index No: 510933/2015
COUNTY OF KINGS Filed On: September 4, 2015
ATTORMEY(S): WHITE & WOLNERMAN PLLC PH: 212-308-0603 Court Date: TT
ADDRESS: 950 IRD AVENUE 11TH FLOOR NEW YORK NY 10022 File No.:
i
GALT NIEDERHOFFER,
‘
vs Plaintiff
JONATHAN GORDON, DAVID PRINCE AND ERIN LOVIN, ALSO KNOWN AS, ERIN MCKENSEY
Defendant
STATE OF NEW YORK, COUNTY OF SUFFOLK
STERVE LOUIS, being duly sworn deposes and says: That deponent is over 18 years of age and is not a party herein,
Deponent attempted to serve the SUMMONS AND VERIFIED COMPLAINT, by going to the last known address of said
ERILLQVIN st the following address:
177 CANAL ST. 4TH FL., NEW YORK, NY 10013
deponent has been unable to effect service because:
SERVIC WAS ATTEMPTED 9/11/15 AT 3:26PM,, THERE 1S NO LISTING FOR THE DEFENDANT AT ADDRESS,
AND TRE 4TH FLOOR IS UNDER CONSTRUCTION
Swom to before me on 09/15,
|
a
‘SUBAN STEEVE LOUIS
ees Server's Lic # 2027870
“ expires eae oun
Job # 2092049
One Wortp JUDICIAL SERVICES, INC. - PO Box 776-DEER Park NY 11729 Lic # 1310235EXHIBIT BFrom: Galt Niederhoffer
Date: November 3, 2014 at 6:58:21 AM EST
To: Erin McKensey-Calhoun
Subject: time change for today
erin,
please meet at the house at 11 am instead of 9. i had to come to manhattan with the kids
unexpectedly last night. 308 clermont. looking forward to seeing you at 11 am.
GEXHIBIT CSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
wnat neenenere nme enecenneeennnenneneeneenennereeeeens -X
NIEDERHOFFER,
GALT
Index No. 510933/2015
Plaintiff,
~against-
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
ORDER AUTHORIZING ALTERNATIVE SERVICE
Upon the Application, dated October 15, 2015 (the “Application”) of Plaintiff Galt
Niederhoffer, pursuant to CPLR 308(5), for an order authorizing the Plaintiff to effectuate
service of the Summons and Verified Complaint on the Defendant Erin Lovin a/k/a Erin
McKensey (“Lovin”) by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a
copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan
Avenue, Apartment 4N, Brooklyn, New York 11249; and (iii) mailing a copy to the last known
address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533
Beaverdam Church Rd., Rockingham, NC 28379; and the Court having determined that the legal
and factual bases set forth in the Application establish just cause for the relief granted herein; it
is
ORDERED, that the Application is granted and Plaintiff is authorized under CPLR
308(5) to effectuate service of the Summons and Verified Complaint on the Defendant Lovin by:
@ electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant
Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N,Brooklyn, New York 11249; and (iii) mailing a copy to the last known address of the Defendant
Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd.,
Rockingham, NC 28379.
Dated: Brooklyn, New York
» 2015
ENTER:
HON. JSCIndex No.: 510933/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-_ eee
GALT NIEDERHOFFER,
Plaintiff,
~against-
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
Defendants.
Oe
, PLAINTIFF'S EX PARTE APPLICATION FOR ENTRY OF AN ORDER
AUTHORIZING ALTERNATIVE SERVICE
a
Attorneys for Plaintiff
Galt Niederhoffer
WHITE & WOLNERMAN, PLLC
950 Third Ave., 11" Floor
New York, NY 10022
(212) 308-0667Index No.: 510933/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
re
GALT NIEDERHOFFER,
Plaintiff,
-against-
JONATHAN GORDON, DAVID PRINCE and
ERIN LOVIN, also known as, ERIN McKENSEY,
Defendants.
ee
NOTICE OF MOTION
SR
Attorneys for Plaintiff
Galt Niederhoffer
WHITE & WOLNERMAN, PLLC
950 Third Ave., 11" Floor
New York, NY 10022
(212) 308-0667
Preview
(FILED: KINGS COUNTY CLERK 0170472016 07:26 PM INDEX NO. 510933/2015 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS eee tec een een een nnnnnennnnnnnnnnnnnnnnnin —-X GALT NIEDERHOFFER, Index No. 510933/2015 Plaintiff, -~against- NOTICE QF MOTION JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, Defendants. me eeenennnnnennnnennnannnannnanannneuenedaunnnnenencecerenrnnnnenenene X PLEASE TAKE NOTICE that, upon the annexed affirmation of Randolph E. White, dated January 4, 2016, together with the exhibits annexed thereto and the accompanying Memorandum of Law, and upon all prior papers heretofore filed and proceedings heretofore had herein, Plaintiff Galt Niederhoffer (“Plaintiff”) will move this Supreme Court, Kings County, at the courthouse located at 360 Adams Street, Brookiyn, New York, 11201, on February 8, 2016, or as soon thereafter as counsel can be heard, for entry of an order (i) pursuant to CPLR 306-b, extending the time to serve the Summons and Complaint on Defendant Lovin 60 days; (ii) pursuant to CPLR 308(5), authorizing service upon the Defendant, Lovin by email to emekenseycalhoun@gmail.com with additional copies being mailed (a) to the Defendant, Jonathan Gordon, whom upon information and belief, is in contact with the Defendant, Lovin, and (b) to the Defendant, Lovin’s mother, Sandra Lovin, whom upon information and belief is in contact with the Defendant, Lovin, and (iii) granting the Plaintiff such other and further relief as the Court deems just and proper.PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), opposing Papers, if any, are required to be served upon the undersigned so as to be received at least seven (7) days before the return date of this motion. Dated: New York, New York January 4, 2016 WHITE & WOLNERMAN, PLLC By: Randolph E. White, Esq. 950 Third Avenue, 11" Floor New York, New York 10022 (212) 308-0667 Attorneys for PlaintiffSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS mee XK GALT NIEDERHOFFER, Index No. 510933/2015 Plaintiff, -against- AFFIRMATION JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, Defendants. mace nnewnnec er nnneenineennnnnenenemnennes eeeee nena nenmeeennennnceenancen) Xx RANDOLPH E. WHITE, ESQ., an attorney duly admitted to practice before the courts of the State of New York, affirms the following under penalty of perjury: 1. I am a member of the law firm of WHITE & WOLNERMAN, PLLC, attorneys for the Plaintiff, GALT NIEDERHOFFER and as such J am familiar with the facts of this case and submit this Affirmation in support of Plaintiff's Motion pursuant to CPLR 306-b to extend time for service of the Summons and Verified Complaint upon Defendant Erin Lovin a/k/a Erin McKensey (“Lovin”) and for relief pursuant to CPLR 308(5) to serve Defendant Lovin by alternate means, including by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379; and (iii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N, Brooklyn, New York 11249, 2. Annexed hereto as Exhibit “A” is the Plaintiff's Ex Parte Application (Docket No. 9).WHEREFORE, Plaintiff respectfully requests that this Court issue an order granting Plaintiff's Motion in its entirety. Dated: New York, New York January 4, 2016EXHIBIT ASUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS secrete eennwenannnennennneternnae tonne nnennnnennn nn nrewene mreeenen an, x GALT NIEDERHOFFER, Index No. 510933/2015 Plaintiff, -against- JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, Defendants. RA 0) ‘ERNAT SERVICE Upon the Application, dated October 15, 2015 (the “Application”) of Plaintiff Galt Niederhoffer, pursuant to CPLR 308(5), for an order authorizing the Plaintiff to effectuate service of the Summons and Verified Complaint on the Defendant Erin Lovin a/k/a Erin McKensey (“Lovin”) by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N, Brooklyn, New York 11249; and (iii) mailing a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379; and the Court having determined that the legal and factual bases set forth in the Application establish just cause for the relief granted herein; it is ORDERED, that the Application is granted and Plaintiff is authorized under CPLR 308(5) to effectuate service of the Summons and Verified Complaint on the Defendant Lovin by: (i) electronic mai! to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N,Brooklyn, New York 11249; and (ii) mailing a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd, Rockingham, NC 28379. Dated: Brooklyn, New York 2015 ENTER: HON. JSCSUPREME COURT OF THE STATE OF NEW YC COUNTY OF KINGS onic Index No. 510933/2015 Plaintiff, -against- JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, aren erent arene cece enenen eee eennnceneananenatenennauensenes X PLAINTIFF'S EX PARTE APPLICATION FOR ENTRY OF AN ORDER ATIVE ‘VICE Plaintiff Galt Niederhoffer, submits this Application (the “Application”) for entry of an order authorizing the Plaintiff to effectuate service of the Summons and Verified Complaint on the Defendant Erin Lovin a/k/a Erin McKensey (“Lovin”) by: (i) electronic mail to emekenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N, Brooklyn, New York 11249; and (iii) mailing a copy to the last known address of the Defendant Lovin's mother's residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379. In support of this Application, the Plaintiff respectfully submits as follows: L Attached hereto as Exhibit “A” is the affidavit of non-service on Defendant Lovin’s last known address, 2. Attached here as Exhibit “B” is correspondence between the Plaintiff and the Defendant, Lovin via email. 3. CPLR Section 308(5) provides for substitute service. A plaintiff may move ex parte for leave to serve a defendant in such a manner as the court directs if service under CPLR §308 subdivisions 1, 2, and 4 are impracticable. Home Fed. Sav. Bank v Versace, 252 AD2d 480, 480 (2d Dept. 1998) (“It is well established that CPLR 308(5) vests a court with the discretion to direct an alternative method for service of process when it has determined that the methods set forth in CPLR 308(1), (2), and (4) are “impracticable”) (citing Astrologo v. Serra, 240 A.D.2d 606, 659 N.Y.S.2d 481; Kelly v. Lewis, 220 A.D.2d 485, 632 N.Y.S.2d 186; Tremont Fed Sav. & Loan Assn. v. Ndanusa, 144 AD.2d 660, 535 N.Y.S.2d 8.) Courts have broad discretion in ordering methods of service pursuant to Rule 308(5), Jd. 4, “Courts are now routinely permitting [email] as a form of alternative service.” Baidoo v Blood-Dzraku, 48 Misc 3d 309, 310 (Sup. Ct. 2015). 5. Case law, in accordance with well-established constitutional principles requires that the method devised by the court be one that is “reasonably calculated, under all the circumstances, to apprise [the defendant] of the pendency of the action.” Baidoo v Blood-Dzraku, supra at 311 citing Hollow v. Hollow, 193 Misc.2d 691, 696, 747 N.Y.S.2d 704 (Sup.Ct., Oswego County, 2002) (quoting Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950). 6. As discussed above, Defendant, Lovin does not reside at the last known address that she provided the Plaintiff with; however, she has corresponded with the Plaintiff before using the emai] address emckenseycalhoun@gmail.com, Additionally, the Defendant, Lovin, upon information and belief is in contact with the Defendant, Gordon and her mother. 7 Accordingly, the Plaintiff requests entry of an Order, substantially in the form annexed hereto as Exhibit “C”, authorizing service upon the Defendant, Lovin by email, with additional copies being mailed to the Defendant, Jonathan Gordon, and the Defendant, Lovin’s mother.clusion WHEREFORE, the Plaintiff requests entry of an Order, substantially in the form annexed hereto as Exhibit C (i) authorizing service upon the Defendant, Lovin by email to emckenseycalhoun@gmail.com with additional copies being mailed (a) to the Defendant, Jonathan Gordon, whom upon information and belief, is in contact with the Defendant, Lovin, and (b) to the Defendant, Lovin's mother, Sandra Lovin, whom upon information and belief is in contact with the Defendant, Lovin, and (ii) granting the Plaintiff such other and further relief as the Court deems just and proper. Dated: New York, New York October 15, 2015 WHITE & WOLNERMAN, PLLC By: Randolph E. White, Esq. 950 Third Avenue, 11" Floor New York, New York 10022 Phone: (212) 308-0667 Attorneys for PlaintiffEXHIBIT AAFFIDAVIT OF DUE DILIGENCE nn IGENCE SUPREME COURT OF THE STATE OF NEW YORK Index No: 510933/2015 COUNTY OF KINGS Filed On: September 4, 2015 ATTORMEY(S): WHITE & WOLNERMAN PLLC PH: 212-308-0603 Court Date: TT ADDRESS: 950 IRD AVENUE 11TH FLOOR NEW YORK NY 10022 File No.: i GALT NIEDERHOFFER, ‘ vs Plaintiff JONATHAN GORDON, DAVID PRINCE AND ERIN LOVIN, ALSO KNOWN AS, ERIN MCKENSEY Defendant STATE OF NEW YORK, COUNTY OF SUFFOLK STERVE LOUIS, being duly sworn deposes and says: That deponent is over 18 years of age and is not a party herein, Deponent attempted to serve the SUMMONS AND VERIFIED COMPLAINT, by going to the last known address of said ERILLQVIN st the following address: 177 CANAL ST. 4TH FL., NEW YORK, NY 10013 deponent has been unable to effect service because: SERVIC WAS ATTEMPTED 9/11/15 AT 3:26PM,, THERE 1S NO LISTING FOR THE DEFENDANT AT ADDRESS, AND TRE 4TH FLOOR IS UNDER CONSTRUCTION Swom to before me on 09/15, | a ‘SUBAN STEEVE LOUIS ees Server's Lic # 2027870 “ expires eae oun Job # 2092049 One Wortp JUDICIAL SERVICES, INC. - PO Box 776-DEER Park NY 11729 Lic # 1310235EXHIBIT BFrom: Galt Niederhoffer Date: November 3, 2014 at 6:58:21 AM EST To: Erin McKensey-Calhoun Subject: time change for today erin, please meet at the house at 11 am instead of 9. i had to come to manhattan with the kids unexpectedly last night. 308 clermont. looking forward to seeing you at 11 am. GEXHIBIT CSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wnat neenenere nme enecenneeennnenneneeneenennereeeeens -X NIEDERHOFFER, GALT Index No. 510933/2015 Plaintiff, ~against- JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, ORDER AUTHORIZING ALTERNATIVE SERVICE Upon the Application, dated October 15, 2015 (the “Application”) of Plaintiff Galt Niederhoffer, pursuant to CPLR 308(5), for an order authorizing the Plaintiff to effectuate service of the Summons and Verified Complaint on the Defendant Erin Lovin a/k/a Erin McKensey (“Lovin”) by: (i) electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N, Brooklyn, New York 11249; and (iii) mailing a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379; and the Court having determined that the legal and factual bases set forth in the Application establish just cause for the relief granted herein; it is ORDERED, that the Application is granted and Plaintiff is authorized under CPLR 308(5) to effectuate service of the Summons and Verified Complaint on the Defendant Lovin by: @ electronic mail to emckenseycalhoun@gmail.com; (ii) mailing a copy to the Defendant Jonathan Gordon at his home residence located at 80 Metropolitan Avenue, Apartment 4N,Brooklyn, New York 11249; and (iii) mailing a copy to the last known address of the Defendant Lovin’s mother’s residence at Erin Lovin c/o Sandra Lovin 1533 Beaverdam Church Rd., Rockingham, NC 28379. Dated: Brooklyn, New York » 2015 ENTER: HON. JSCIndex No.: 510933/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -_ eee GALT NIEDERHOFFER, Plaintiff, ~against- JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, Defendants. Oe , PLAINTIFF'S EX PARTE APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING ALTERNATIVE SERVICE a Attorneys for Plaintiff Galt Niederhoffer WHITE & WOLNERMAN, PLLC 950 Third Ave., 11" Floor New York, NY 10022 (212) 308-0667Index No.: 510933/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS re GALT NIEDERHOFFER, Plaintiff, -against- JONATHAN GORDON, DAVID PRINCE and ERIN LOVIN, also known as, ERIN McKENSEY, Defendants. ee NOTICE OF MOTION SR Attorneys for Plaintiff Galt Niederhoffer WHITE & WOLNERMAN, PLLC 950 Third Ave., 11" Floor New York, NY 10022 (212) 308-0667