On July 26, 2013 a Order to Show Cause was filed involving a dispute between Brandsway Hospitality, Llc A K A Brandsway Hospitality, Indiefork Llc, Matthew Levine, and 133 Essex Restaurant, Llc A K A Sons Of Essex, 1356 Restaurant Llc A K A Petaluma Restaurant, 170 Mercer Restaurant Llc, 19 Stanton Restaurant, Llc A K A Cocktail Bodega A K A Cocktail Bodega Underground, 19 Stanton Street, Llc, 58-60 Ninth Realty Llc, 61 Gans Restaurant Llc, 69 Gansevoort Restaurant, Inc., Black Label Residential Llc, Delshah 60 Ninth, Llc, Delshah 60 Ninth Manager, Llc, Delshah Capital, Llc, Delshah Gansevoort 69, Llc, Delshah Management, Llc, Gansevoort 69 Llc, Griffon 1356 Llc, Griffon 19 Stanton Llc, Griffon 55 Gans Llc, Griffon Gansevoort Holdings, Llc, Griffon Gans, Llc, Griffon Gans Manager, Llc, Griffon Holdings, Llc, Griffon Investment Group, Llc, Griffon Investment Holdings, Llc, Griffon Investment, Llc, Griffon Management, Llc, Griffon Q, Llc, Indiefork Hospitality Llc, James Choung, Jcny, Llc, John Doe #1 Through #10, Jpmorgan Chase & Co., Michael K. Shah, Moon 170 Mercer, Inc., Paychex, Inc., V Global Holdings Inc., Victor Jung, for Commercial (General) in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 11/21/2019 12:26 PM INDEX NO. 652637/2013 NYSCEF DOC. NO. 817 RECEIVEDINDEx NYSCEF: NO. 652 11/21/2019 637 /2013 NYSCEF DOC. NO. 816 RECEIVED NYSCEF: 11/21/2019 At an TAS Pa o e Supreme Court of the State of ew York, held in and for the County of New York, at the Courthouse thereof located at 60 Centre eet, New York, New York on this day ofNovember, 2019 P R E S E N T: HONORABLE: SHLOMO S. HAGLER, LS.C. --------------------------------------- x BRANDSWAY HOSPITALITY, LLC a/k/a BRANDSWAY HOSPITALITY, INDIEFORK LLC and MATTHEW LEVINE, Index No.: 652637/2013 Plaintiffs, ORDER TO SHOW CAUSE ON MOTION TO STRIKE ANSWER -against- AND FOR SANCTIONS DELSHAH CAPITAL, LLC, MICHAEL K. SHAH, and VICTOR JUNG, Defendants. _____________.. ...--------------- -x Upon the reading and filing of the aunexed affirmation of Thomas B. Decea dated November 15, 2019 with exhibits annexed thereto, and the affidavitof Matthew Levine sworn to on the 15th day ofNovember 2019 with annexed thereto. LET defendant Delshah Capital, LLC ("Delshah") show cause before the Supreme Court of the State of New York, New York County, at the Courthouse, located at 60 Centre Street, ReA375 New York, New York before the Honorable Shlomo S. Hagler, J.S.C., on the day of Ÿf2(A O , 2019, at 11:00 o'clock in the forenóun of that day, or as soon thereafter as counsel may be heard, why an order should not be made and entered (i) pursuant to CPLR § 3126 striking the answer of defendant Delshah and the scheduling this matter for a trial on the issue of damages, and (ii) pursuant to CPLR § 3126 and Rule 130 of the Chief Administrator of 1 of 2 1 of 2 FILED: NEW YORK COUNTY CLERK 11/21/2019 12:26 PM INDEX NO. 652637/2013 INDEX NO. 652637/2013 NYSCEF DOC. NO. 817 RECEIVED NYSCEF: 11/21/2019 NO. RECEIVED NYSCEF: 11/21/2019 NYSCEF DOC. 816 attorneys' the Courts sanctioning Delshah and itscounsel, isluding an award of fees, expert fees costs' unprnfe-dar·al and incurred by reason of the frivolous and conduct of defendant Delshah and itscounse! Jonathan Schwartzrsâñ, and (iii)granting to plaintiffs such other and further damages as thiscourt may deem proper; and itisfurther ORDERED, that sufficient cause therefore appearing therefore, letservice of a copy of thisOrder, together with papers upon which it isbased, upon evüüsel for all arties who have appeared herein by uploading onto NYSECF e-filing system, a on or before the t__ day of A , 2019, shall be deemed good and sufficientservice thereof, and itis further ORDERED, that answering papers, ifany, shall be served upon cüüñsel for plaintiffsby e-filingat-4east-three-(4-)-daysbefore t n; and itis further llDERE , atrep pa ers, if y, ha e rve y e ling or efo the turn d of this tion, E N T E R: 2 2 of 2 2 of 2