Preview
At IAS Part ___ of the Supreme Court of the State of
New York, held in and for the County of New York at
the Courthouse located at 69 Centre Street, New York,
NY 10007 onthe ____ day of October, 2016.
PRESENT:
HON:
SSS TET RE RO aaa X
STB INVESTMENTS CORPORATION, Index No. 650390/2014
2100 WEST MARKET STREET,
RICHARD BASCIANO d/b/a 303 WEST 42nd
STREET REALTY CO., ORDER TO SHOW CAUSE
THOMAS SIMMONDS and FRANK CRESCI
Plaintiffs,
v.
STERLING & STERLING, INC.
ip tata lant ati tiaataa tae clan aR aac x
Upon the annexed affirmation of Derek E Barrett, dated October 17, 2016, and the
exhibits attached thereto, and upon all the pleadings and proceedings heretofore had herein, it is
ORDERED, that the defendant or their counsel appear and show cause before the
Supreme Court of the State of New York, located at 60 Center St., New York, NY, in IAS Part,
Room before the Hon. on the day of
October, 2016 at a.m. or p.m. or as soon thereafter as counsel may be heard, why an
Order, should not be made pursuant to:
a) Sections 2304 and 3103, granting non-party The Salvation Army's (TSA) motion to
quash the subpoena ad testificandum dated September 28, 2016 for a videotaped
deposition upon oral examination on non-party Salvation Army, and for a protective
order precluding defendant from obtaining from TSA the disclosure sought by the
subpoena;
9777762-1b) For any further and different relief as this court may doom just and proper.
IT IS FURTHER ORDERED, that pursuant to CPLR 3103(b), that TSA's obligation to
comply with the subpoena is hereby stayed pending the hearing and determination of this
application; and,
IT IS FURTHER ORDERED, that service by overnight mail of a copy of this order and
the papers upon which it was granted, be made on Goldberg Segalla LLP, attorneys for
defendant, Sterling & Sterling Inc., located at 600 Lexington Ave., Suite 900 New York, NY
10022 and upon Duane Morris, LLP, attorneys for plaintiffs, located at 1540 Broadway, New
York, NY 10036, on or before October 2016, shall be deemed good and sufficient service of
this application; and
IT IS FURTHER ORDERED, that service of opposition papers, if any, be made on
movant's counsel on or before October 2016 by hand delivery.
ENTER:
JSC.
9777762-1
Preview
At IAS Part ___ of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse located at 69 Centre Street, New York, NY 10007 onthe ____ day of October, 2016. PRESENT: HON: SSS TET RE RO aaa X STB INVESTMENTS CORPORATION, Index No. 650390/2014 2100 WEST MARKET STREET, RICHARD BASCIANO d/b/a 303 WEST 42nd STREET REALTY CO., ORDER TO SHOW CAUSE THOMAS SIMMONDS and FRANK CRESCI Plaintiffs, v. STERLING & STERLING, INC. ip tata lant ati tiaataa tae clan aR aac x Upon the annexed affirmation of Derek E Barrett, dated October 17, 2016, and the exhibits attached thereto, and upon all the pleadings and proceedings heretofore had herein, it is ORDERED, that the defendant or their counsel appear and show cause before the Supreme Court of the State of New York, located at 60 Center St., New York, NY, in IAS Part, Room before the Hon. on the day of October, 2016 at a.m. or p.m. or as soon thereafter as counsel may be heard, why an Order, should not be made pursuant to: a) Sections 2304 and 3103, granting non-party The Salvation Army's (TSA) motion to quash the subpoena ad testificandum dated September 28, 2016 for a videotaped deposition upon oral examination on non-party Salvation Army, and for a protective order precluding defendant from obtaining from TSA the disclosure sought by the subpoena; 9777762-1b) For any further and different relief as this court may doom just and proper. IT IS FURTHER ORDERED, that pursuant to CPLR 3103(b), that TSA's obligation to comply with the subpoena is hereby stayed pending the hearing and determination of this application; and, IT IS FURTHER ORDERED, that service by overnight mail of a copy of this order and the papers upon which it was granted, be made on Goldberg Segalla LLP, attorneys for defendant, Sterling & Sterling Inc., located at 600 Lexington Ave., Suite 900 New York, NY 10022 and upon Duane Morris, LLP, attorneys for plaintiffs, located at 1540 Broadway, New York, NY 10036, on or before October 2016, shall be deemed good and sufficient service of this application; and IT IS FURTHER ORDERED, that service of opposition papers, if any, be made on movant's counsel on or before October 2016 by hand delivery. ENTER: JSC. 9777762-1