On August 03, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Joan Price Rahav,
and
Dreambuilder Investments, Llc,
for Contract (Non-Commercial)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/10/2016 02:22 PM INDEX NO. 157941/2015
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/10/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
JOAN PRICE RAHAV, Index No. 157941/2015
Plaintiff, NOTICE OF MOTION FOR
SANCTIONS
- against -
DREAMBUILDER INVESTMENTS, LLC,
Defendant.
x
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Ross L. Hirsch
in support of Plaintiffs Motion for Sanctions, sworn to the 10th day of June 2016, the
exhibits thereto, and upon all prior papers heretofore filed and proceedings heretofore had
herein, Plaintiff Joan Price Rahav (“Plaintiff’) will move this Court on June 28, 2016 at
9:30 a.m., or as soon thereafter as counsel may be heard, at the Courthouse, Submission
Part, Room 130, 60 Centre Street, New York, New York 10007, for an order pursuant to
CPLR § 3126: (a) striking Defendant’s Answer and Affirmative Defenses; (b) prohibiting
Defendant from later producing in evidence things or items demanded in the discovery
demands ignored by Defendant; (c) deeming resolved the issue of sums due and owing by
Defendant to Plaintiff, as set forth in the Complaint; (d) awarding Plaintiff her costs,
attorneys’ fees, and expenses incurred in pursuing discovery and the corresponding
motion practice necessitated by Defendant’s non-compliance; and (e) awarding Plaintiff
such other and further relief as the Court deems just and proper.
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.
1 of 2
Dated: New York, New York
June 10, 2016
HERRICK, FEINSTEIN LLP
Ross L. Hirsch
2 Park Avenue
New York, New York 10016
(212) 592-1400
Attorneys for Plaintiff
TO: VERNER SIMON
Paul W. Vemer, Esq.
30 Wall Street, 8th Floor
New York, New York 10005
Attorneys for Defendant
2
2 of 2
Document Filed Date
June 10, 2016
Case Filing Date
August 03, 2015
Category
Contract (Non-Commercial)
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FILED: NEW YORK COUNTY CLERK 06/10/2016 02:22 PM INDEX NO. 157941/2015 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x JOAN PRICE RAHAV, Index No. 157941/2015 Plaintiff, NOTICE OF MOTION FOR SANCTIONS - against - DREAMBUILDER INVESTMENTS, LLC, Defendant. x PLEASE TAKE NOTICE, that upon the annexed Affirmation of Ross L. Hirsch in support of Plaintiffs Motion for Sanctions, sworn to the 10th day of June 2016, the exhibits thereto, and upon all prior papers heretofore filed and proceedings heretofore had herein, Plaintiff Joan Price Rahav (“Plaintiff’) will move this Court on June 28, 2016 at 9:30 a.m., or as soon thereafter as counsel may be heard, at the Courthouse, Submission Part, Room 130, 60 Centre Street, New York, New York 10007, for an order pursuant to CPLR § 3126: (a) striking Defendant’s Answer and Affirmative Defenses; (b) prohibiting Defendant from later producing in evidence things or items demanded in the discovery demands ignored by Defendant; (c) deeming resolved the issue of sums due and owing by Defendant to Plaintiff, as set forth in the Complaint; (d) awarding Plaintiff her costs, attorneys’ fees, and expenses incurred in pursuing discovery and the corresponding motion practice necessitated by Defendant’s non-compliance; and (e) awarding Plaintiff such other and further relief as the Court deems just and proper. 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. 1 of 2 Dated: New York, New York June 10, 2016 HERRICK, FEINSTEIN LLP Ross L. Hirsch 2 Park Avenue New York, New York 10016 (212) 592-1400 Attorneys for Plaintiff TO: VERNER SIMON Paul W. Vemer, Esq. 30 Wall Street, 8th Floor New York, New York 10005 Attorneys for Defendant 2 2 of 2