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FILED: NEW YORK COUNTY CLERK 02/10/2014 INDEX NO. 805019/2014
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/10/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DOROTHY QUINTERO, Index No. 805019/2014
Plaintiffs,
-against- COMBINED DEMANDS
ST. LUKE’S-ROOSEVELT HOSPITAL, SCOTT
BELSLEY, M.D. and DR. DUGAN,
Defendants.
S I R S:
PLEASE TAKE NOTICE that defendants, ST. LUKE’S-ROOSEVELT HOSPITAL
CENTER and SCOTT BELSLEY, M.D., by and through their attorneys, WILSON, ELSER,
MOSKOWITZ, EDELMAN & DICKER, LLP, hereby make the following demands upon the
plaintiff:
DEMAND FOR MEDICAL AUTHORIZATION
AND MEDICAL INFORMATION
1. The names and addresses of all physicians or other providers of every description who have
consulted, examined, or treated the plaintiff for each of the conditions allegedly caused or
exacerbated by the occurrence described in the Complaint, including the dates of such consultation,
treatment, or examination.
2. Written authorizations to allow this defendant to obtain the complete office medical records
relating to the plaintiff from each health care provider identified in (a), above.
3. Copies of all medical reports received from health care providers identified in (a), above.
4. Duly executed and acknowledged written authorizations directed to any hospital, clinic, or
other health care facility in which the plaintiff is or was treated or confined due to the occurrence set
forth in the Complaint, so as to permit the securing of a copy of the entire hospital record, including
x-rays and technicians' reports.
5. The names and address of every physician or other health care provider, hospital, clinic, or
other health care facility which may have examined or treated, during the five years prior to the
5969991v.1
occurrences set forth in the Complaint, for any condition or injury to the plaintiff. Also state the
dates of such treatment or examination.
6. Duly executed and acknowledged written authorizations to allow this defendant to obtain
the complete medical records of any physician or other health care provider, hospital, clinic, or other
health care facility which may have examined or treated, during the five years prior to the
occurrences set forth in the Complaint, for any condition or injury to the plaintiff.
DEMAND FOR DISCOVERY AND INSPECTION
1. Pursuant to CPLR 3101(d), identify the name and address of each person whom
plaintiff expects to call as an expert witness at trial and with respect to each such witness, set forth
the following:
(a) Disclose in reasonable detail the subject matter on which the expert is expected
to testify.
(b) Set forth the substance of the facts and opinion on which the expert is expected
to testify.
(c) Set forth the qualifications of the expert.
(d) Set forth a summary of the grounds for the expert's opinion.
DEMAND FOR MEDICAL RECORDS
Copies of the medical reports of those physicians who have treated or examined plaintiff
and who will testify on plaintiff's behalf. Same shall include a detailed statement of the injuries and
conditions as to which testimony will be offered at the trial, and shall identify those x-rays,
technicians' or medical reports, etc., which will be offered at the trial.
DEMAND FOR WITNESS
Names and addresses of each person claimed by any party whom you represent, to be a
witness of any of the following:
1. The occurrence alleged in the complaint.
2. Any acts, omission or conditions, which allegedly caused the occurrence alleged in
the complaint.
3. Any actual or constructive notice -- allegedly given by answering defendant of any
condition, which allegedly caused the occurrence alleged in the complaint.
4. The nature and duration of the alleged condition, which caused the occurrence
alleged in the complaint.
-2-
5969991v.1
PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known so state in the
reply to this demand.
The undersigned will object upon the trial of this action to the testimony of any witnesses
not so identified.
DEMAND FOR COLLATERAL SOURCE INFORMATION
PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the
plaintiffs that they serve upon the undersigned a statement as to whether any part of the cost of
medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought
to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source
such as insurance, social security, Worker's Compensation, Medicaid, public assistance, or
employee benefit programs, and, if so, the full name and address of each organization, agency, or
program providing such replacement or indemnification together with an itemized statement of the
amount in which each such claimed item of economic loss was replaced or indemnified by each
such organization or program.
A demand is additionally made for duly executed and properly addressed original
authorizations permitting the undersigned to inspect and copy any records reflecting any collateral
source or payment identified in response to the foregoing demand.
DEMAND FOR COPIES OF STATEMENTS
1. Written statements of this defendant in your possession.
2. Records, memoranda, notes, tape recordings, or other recorded Communications of or
by this defendant in your possession.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with
these demands, a motion will be made for an order precluding you from offering any evidence at
the trial of this action with respect to the foregoing demands.
Dated: New York, New York
February 10, 2014
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
By:
Irving B. Hirsch
Attorneys for Defendants
ST. LUKE’S-ROOSEVELT HOSPITAL
-3-
5969991v.1
and SCOTT BELSLEY, M.D.
150 East 42 Street
New York, New York 10017
(212) 490-3000
File No. 25114.00674
TO: Michael B. Ronemus, Esq.
RONEMUS & VILENSKY
Attorneys for Plaintiff
112 Madison Avenue, 2nd Floor
New York, New York 10016
(212) 779-7070
-4-
5969991v.1
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Motion to be Relieved as Plaintiffs Counsel
TENTATIVE RULING
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This is a fraud action. On November 21, 2022, plaintiffs Michael Rosas and Odalys Rosas (collectively, Plaintiffs) filed this action against defendants OC Auto Exchange dba LA Auto Exchange, a California corporation, Western Surety Company, a South Dakota corporation, Capital One Auto Finance Inc., a Texas Corporation (collectively, Defendants), and Does 1 through 10. On February 21, 2023, Plaintiffs filed the operative First Amended Complaint against Defendants and Does 1 through 10, alleging causes of action for fraud & deceit, negligent misrepresentation, violation of Business and Professions Code section 17200, action for rescission of sales contract for sale of goods pursuant to California [
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On March 25, 2024, the Court denied the motion without prejudice.
On June 13, 2024,
Ben Roberts of Law Office of Ben Roberts moved to be relieved as counsel for Plaintiffs. Plaintiffs have not opposed the motion.
LEGAL STANDARD
The Court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (
See
Ramirez v. Sturdevant
(1994) 21 Cal.App.4th 904, 915;
People v. Prince
(1968) 268 Cal.App.2d 398, 403-407.)
A motion to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)
The requisite forms must be served on the client and on all parties that have appeared in the case. (Cal. Rules of Court, Rule 3.1362, subd. (d).)
DISCUSSION
Ben Roberts of Law Office of Ben Roberts (Counsel) seeks to be relieved as counsel for Plaintiffs Michael Rosas and Odalys Rosas. Counsel contends he and his firm have lost all contact with Plaintiffs. (Roberts Decls., ¶ 2.)
Grounds for permitting an attorney to withdraw from representation include the clients conduct that renders it unreasonably difficult for the lawyer to carry out the representation effectively[.] (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).) A breakdown in the attorney-client relationship is also grounds for allowing the attorney to withdraw. (
Estate of Falco
(1987) 188 Cal.App.3d 1004, 1014.) While the Court finds Plaintiffs lack of communication sufficient grounds for permitting withdrawal, the Court finds a few issues with Counsels motions that need to be fixed.
First, each of the Judicial Council forms Counsel filed with the Court show that Counsel provided the wrong courthouse contact information in the caption of each document. Counsel provided the following contact information: 1427 West Covina Parkway, Compton, CA 90220. The correct courthouse address is 1427 West Covina Parkway, West Covina, CA 91790. Nevertheless, the proof of service filed on June 13, 2024, lists the correct courthouse address and the declaration provides the correct courthouse address for the Post-Arbitration Status Conference. The Court will not deny the motion on this ground but admonishes Counsel to carefully proofread documents to ensure they are accurate.
Second, the proposed order does not include the Post-Arbitration Status Conference scheduled for July 30, 2024. On May 13, 2024, the Courts minute order provided the new date. The motions to be relieved as counsel were filed on June 13, 2024, therefore, counsel was aware of the new date but failed to include it in the proposed order. The proposed order is also incomplete in that items 3, 5, 6, 9 and as previously discussed, item 7, have not been completed.
Notwithstanding, the Court GRANTS the motion. Plaintiff must resubmit a correct and complete proposed order prior to the hearing, addressing the items discussed above, including the correct courthouse address in the caption and noting that the order is effective upon the filing of the proof of service of the signed order (Item 5.a.).
CONCLUSION
The Court GRANTS the motion. Plaintiffs Counsel must resubmit a correct and complete proposed order prior to the hearing, addressing the items discussed above, including the correct courthouse address in the caption and noting that the order is effective upon the filing of the proof of service of the signed order (Item 5.a.).
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Having set an order to show cause re: dismissal (settlement), the Court rules as follows.
BACKGROUND
On October 19, 2020, Plaintiffs Dalilah Villalobos, by and through her guardian ad litem Laura Eggleston, and Catalina Villalobos, by and through her guardian ad litem Maria Dominguez, filed this action against Defendants Final Touch Construction & Design, Luis Anthony Echeverria, Luis M. Echeverria, Chantra Sun, Lorraine Garcia, Gus Garcia, and Does 1-50 for wrongful death (motor vehicle negligence).
On October 20, 2020, the Court appointed Laura Eggleston to serve as guardian ad litem for Plaintiff Dalilah Villalobos.
On October 29, 2020, the Court appointed Maria Dominguez to serve as guardian ad litem for Catalina Villalobos.
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Final Touch Construction & Design, Luis Anthony Echeverria, and Luis M. Echeverria
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Counsel asked the Court to continue the order to show cause re: dismissal (settlement) and status conference re: filing of a petition to approve minor's compromise for 90 days.
On April 24, 2024, the Court continued the order to show cause re: dismissal (settlement) and status conference re: filing of a petition to approve minor's compromise to May 28, 2024.
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On May 24, 2024, Plaintiffs counsel filed a declaration stating that he did not file the petitions to approve minors compromise timely because
"the guardian ad litems were still selecting the annuity structure for the respective claimants" and counsel was still waiting for fully executed annuity documents.
On
May 28, 2024
, the Court continued the order to show cause re: dismissal (settlement) and status conference re: filing of a petition to approve minor's compromise to July 10, 2024.
Plaintiffs have not filed petitions to approve minors compromises and have not submitted a new declaration showing good cause why the Court should not dismiss the action.
LEGAL STANDARD
Code of Civil Procedure section 583.410 provides:
(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.
(b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.
(Code Civ. Proc., § 583.410.)
A discretionary dismissal under [Code of Civil Procedure section 583.410] (or for other delay in prosecution) is without prejudice to renewed litigation.
(L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 11:190.2, p. 11-83.)
California Rules of Court, rule 3.1385, provides in part:
(b) Dismissal of case
Except as provided in (c) or (d), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case. If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
* * *
(d) Compromise of claims of a minor or disabled person
If the settlement of the case involves the compromise of the claim of a minor or person with a disability, the court must not hold an order to show cause hearing under (b) before the court has held a hearing to approve the settlement, provided the parties have filed appropriate papers to seek court approval of the settlement.
(e) Request for additional time to complete settlement
If a party who has served and filed a notice of settlement under (a) determines that the case cannot be dismissed within the prescribed 45 days, that party must serve and file a notice and a supporting declaration advising the court of that party's inability to dismiss the case within the prescribed time, showing good cause for its inability to do so, and proposing an alternative date for dismissal. The notice and a supporting declaration must be served and filed at least 5 court days before the time for requesting dismissal has elapsed. If good cause is shown, the court must continue the matter to allow additional time to complete the settlement. The court may take such other actions as may be appropriate for the proper management and disposition of the case.
(Cal. Rules of Court, rule 3.1385, subds. (b), (d), (e).)
DISCUSSION
As noted, on June 14, 2023, Cross-Complainant Chantra Sun filed a notice of unconditional settlement of the entire case.
On August 28, 2023, Plaintiffs counsel confirmed the settlement by asking the Court for additional time to submit petitions to approve minors compromises.
The Court granted the continuance request and granted counsels subsequent continuance requests on November 28, 2023, April 24, 2024, and May 28, 2024.
It is now more than one year after the parties settled the case.
Under California Rules of Court, rule 3.1385(b), except as provided in subdivisions (c) or (d), the Court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
(Cal. Rules of Court, rule 3.1385(b).)
Subdivision (c) of California Rules of Court, rule 3.1385, applies only to conditional settlements.
The notice of settlement here states the settlement was unconditional.
Therefore, subdivision (c) does not apply here.
Subdivision (d) of California Rules of Court, rule 3.1385, states that [i]f the settlement of the case involves the compromise of the claim of a minor or person with a disability, the court must not hold an order to show cause hearing under (b) before the court has held a hearing to approve the settlement,
provided the parties have filed appropriate papers to seek court approval of the settlement
.
(Cal. Rules of Court, rule 3.1385(d), emphasis added.)
Here, Plaintiffs have not filed appropriate papers to seek Court approval of the settlement.
Therefore, subdivision (d) does not prevent the Court from holding an order to show cause hearing.
The Court set the July 10, 2024 order to show cause hearing on May 28, 2024.
Plaintiffs have submitted no papers since May 28, 2024 demonstrating good cause why the case should not be dismissed.
The Court dismisses the case
under
Code of Civil Procedure section 583.410 and California Rules of Court, rule 3.1385(b).
CONCLUSION
Having issued an order to show cause re: dismissal (settlement) on May 28, 2024, and no good cause having been shown, the Court dismisses the case without prejudice
under Code of Civil Procedure section 583.410 and California Rules of Court, rule 3.1385(b).
The Court will give notice of this ruling.
Ruling
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS OLUTOYIN OLA TOMAKILI, ET AL.
Jul 11, 2024 |
Echo Dawn Ryan |
19STLC05734
Case Number:
19STLC05734
Hearing Date:
July 11, 2024
Dept:
26
State Farm v. Tomakili, et al.
MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION
(CCP § 664.6)
TENTATIVE RULING:
Plaintiff State Farm Mutual Automobile Insurance Companys Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFFS FAVOR AND AGAINST DEFENDANT OLUTOYIN OLA TOMAKILI IN THE AMOUNT OF $1,300.00 PRINCIPAL, PLUS $500.00 IN COSTS.
ANALYSIS:
On June 14, 2019, Plaintiff State Farm Mutual Automobile Insurance Company (Plaintiff) filed this subrogation action against Defendant Olutoyin Ola Tomakili (Defendant). Defendant filed an answer on August 16, 2019. On October 26, 2022,
Plaintiff filed a copy of the parties settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.6. The Court dismissed the action pursuant to the stipulation on November 15, 2022. (Order for Dismissal, 11/15/22.)
On April 17, 2024, Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment. To date, no opposition has been filed.
Legal Standard
The instant motion is brought under Code of Civil Procedure, section 664.6, which states in relevant part:
If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
(Code Civ. Proc., § 664.6, subd. (a).) Prior to January 1, 2021, parties under section 664.6 meant the litigants themselves, not their attorneys.
(
Levy v. Superior Court
(1995) 10 Cal.4th 578, 586.) The current statute provides that parties includes an attorney who represents the party and an insurers agent. (Code Civ. Proc., § 664.6, subd. (b).) The settlement must include the signatures of the parties seeking to enforce the agreement, and against whom enforcement is sought. (
J.B.B. Investment Partners, Ltd. v. Fair
(2014) 232 Cal.App.4th 974, 985.) The settlement agreement complies with the statutory requirements set forth above because it was signed by both parties and their attorneys. (Motion, Reese Decl., Exh. A, pp. 2-3.)
Furthermore, the request for retention of jurisdiction must be made in writing, by the parties, before the action is dismissed for the Courts retention of jurisdiction to conform to the statutory language. (
Wackeen v. Malis
(2002) 97 Cal.App.4th 429, 433 [If, after a suit has been dismissed, a party brings a section 664.6 motion for a judgment on a settlement agreement but cannot present to the court a request for retention of jurisdiction that meets all of these requirements, then enforcement of the agreement must be left to a separate lawsuit.].)
The parties request for retention of jurisdiction complies with these requirements because it was made in writing to the Court before the action was dismissed. (Motion, Reese Decl., Exh. A, ¶3.)
The settlement provides that Defendant would pay Plaintiff $12,400.00 through an initial payment from Defendants insurer of $10,000.0, followed by Defendants monthly payments starting on September 1, 2022. (
Id
. at Exh. A, ¶2.) The settlement agreement also provides that upon Defendants default, Plaintiff may seek judgment in the settlement amount, plus costs not to exceed $500.00, less any monies paid. (
Id
. at ¶3.) Payments of $11,100.00 were made towards the settlement, after which Defendant defaulted. (
Id
. at ¶¶4-5 and Exh. C.) Based on the foregoing, Plaintiff is entitled to entry of judgment against Defendant in the amount of $1,300.00 principal ($12,400.00 - $11,100.00) plus costs of $500.00. (
Id
. at ¶8.)
Conclusion
Plaintiff State Farm Mutual Automobile Insurance Companys Motion to Enforce Settlement Agreement is GRANTED. JUDGMENT TO BE ENTERED IN PLAINTIFFS FAVOR AND AGAINST DEFENDANT OLUTOYIN OLA TOMAKILI IN THE AMOUNT OF $1,300.00 PRINCIPAL, PLUS $500.00 IN COSTS.
Moving party to give notice.
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FILED: NEW YORK COUNTY CLERK 02/10/2014 INDEX NO. 805019/2014 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/10/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DOROTHY QUINTERO, Index No. 805019/2014 Plaintiffs, -against- COMBINED DEMANDS ST. LUKE’S-ROOSEVELT HOSPITAL, SCOTT BELSLEY, M.D. and DR. DUGAN, Defendants. S I R S: PLEASE TAKE NOTICE that defendants, ST. LUKE’S-ROOSEVELT HOSPITAL CENTER and SCOTT BELSLEY, M.D., by and through their attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP, hereby make the following demands upon the plaintiff: DEMAND FOR MEDICAL AUTHORIZATION AND MEDICAL INFORMATION 1. The names and addresses of all physicians or other providers of every description who have consulted, examined, or treated the plaintiff for each of the conditions allegedly caused or exacerbated by the occurrence described in the Complaint, including the dates of such consultation, treatment, or examination. 2. Written authorizations to allow this defendant to obtain the complete office medical records relating to the plaintiff from each health care provider identified in (a), above. 3. Copies of all medical reports received from health care providers identified in (a), above. 4. Duly executed and acknowledged written authorizations directed to any hospital, clinic, or other health care facility in which the plaintiff is or was treated or confined due to the occurrence set forth in the Complaint, so as to permit the securing of a copy of the entire hospital record, including x-rays and technicians' reports. 5. The names and address of every physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated, during the five years prior to the 5969991v.1 occurrences set forth in the Complaint, for any condition or injury to the plaintiff. Also state the dates of such treatment or examination. 6. Duly executed and acknowledged written authorizations to allow this defendant to obtain the complete medical records of any physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated, during the five years prior to the occurrences set forth in the Complaint, for any condition or injury to the plaintiff. DEMAND FOR DISCOVERY AND INSPECTION 1. Pursuant to CPLR 3101(d), identify the name and address of each person whom plaintiff expects to call as an expert witness at trial and with respect to each such witness, set forth the following: (a) Disclose in reasonable detail the subject matter on which the expert is expected to testify. (b) Set forth the substance of the facts and opinion on which the expert is expected to testify. (c) Set forth the qualifications of the expert. (d) Set forth a summary of the grounds for the expert's opinion. DEMAND FOR MEDICAL RECORDS Copies of the medical reports of those physicians who have treated or examined plaintiff and who will testify on plaintiff's behalf. Same shall include a detailed statement of the injuries and conditions as to which testimony will be offered at the trial, and shall identify those x-rays, technicians' or medical reports, etc., which will be offered at the trial. DEMAND FOR WITNESS Names and addresses of each person claimed by any party whom you represent, to be a witness of any of the following: 1. The occurrence alleged in the complaint. 2. Any acts, omission or conditions, which allegedly caused the occurrence alleged in the complaint. 3. Any actual or constructive notice -- allegedly given by answering defendant of any condition, which allegedly caused the occurrence alleged in the complaint. 4. The nature and duration of the alleged condition, which caused the occurrence alleged in the complaint. -2- 5969991v.1 PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known so state in the reply to this demand. The undersigned will object upon the trial of this action to the testimony of any witnesses not so identified. DEMAND FOR COLLATERAL SOURCE INFORMATION PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiffs that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, social security, Worker's Compensation, Medicaid, public assistance, or employee benefit programs, and, if so, the full name and address of each organization, agency, or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. A demand is additionally made for duly executed and properly addressed original authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. DEMAND FOR COPIES OF STATEMENTS 1. Written statements of this defendant in your possession. 2. Records, memoranda, notes, tape recordings, or other recorded Communications of or by this defendant in your possession. PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with these demands, a motion will be made for an order precluding you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: New York, New York February 10, 2014 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP By: Irving B. Hirsch Attorneys for Defendants ST. LUKE’S-ROOSEVELT HOSPITAL -3- 5969991v.1 and SCOTT BELSLEY, M.D. 150 East 42 Street New York, New York 10017 (212) 490-3000 File No. 25114.00674 TO: Michael B. Ronemus, Esq. RONEMUS & VILENSKY Attorneys for Plaintiff 112 Madison Avenue, 2nd Floor New York, New York 10016 (212) 779-7070 -4- 5969991v.1