Preview
INDEX NO. 652005/2012
(FILED: NEW YORK COUNTY CLERK 06/08/2012)
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/08/2012
REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only:
Ucs-840 (3/2011) TAS Entry Date
Supreme COURT, COUNTY OF. New York
‘Judge Assigned
Index No: 12012 Date Index Issued:
Enter the complete case caption, Do not use et al or et ano. If more space is RT Date
CAPTION: required, attach a caption rider sheet.
(Application of
IBIRCHWOOD-MANASSAS ASSOCIATES, LLC ,
Plaintiff(s)/Petitioner(s)
~against-
ISETH LIEBERMAN and WEISERMAZARS LLP
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.
MATRIMONIAL COMMERCIAL
O Contested ‘© Business Entity (including corporations, partnerships, LLCs, etc.)
© Uncontested O Contract
NOTE: For all Matrimonial actions where the parties have children under Insurance (where insurer is a party, except arbitration)
the age of 18, complete and attach the MATRIMONIAL Rul Addendum. © UCC (including sales, negotiable instruments)
TORTS @ Other Commercial: quash NY subpoena issued in out-of-state comm. action
© Asbestos (specify)
CO Breast Implant NOTE: For Commercial Division assignment requests [22 NYCRR §
© Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV RJI Addendum.
(specify) REAL PROPERTY: How many properties does the application include?
© Medical, Dental, or Podiatric Malpractice © Condemnation
© Motor Vehicle O Foreclosure
O Products Liability: Property Address: New York
(specify) Street Address, city State Zip
© Other Negligence: NOTE: For Foreclosure actions involving a one- to four-family, owner-
(specify) occupied, residential property, or an owner-occupied condominium,
© Other Professional Malpractice: complete and attach the FORECLOSURE RJI Addendum.
(specify) © Tax Certiorari - Section: Block: Lot:
O Other Tort: © Other Real Property:
(een) (specify)
OTHER MATTERS SPECIAL PROCEEDINGS
| © Certificate of incorporation/Dissolution [see NOTE under Commercial] © CPLR Article 75 (Arbitration) [see NOTE under Commercial]
© Emergency Medical Treatment © CPLR Article 78 (Body or Officer)
O Habeas Corpus O Election Law
© Local Court Appeal O MHL Article 9.60 (Kendra's Law)
© Mechanic's Lien © MUL Article 10 (Sex Offender Confinement-Initial)
© Name Change © MUL Article 10 (Sex Offender Confinement-Review)
© Pistol Permit Revocation Hearing © MHL Article 81 (Guardianship)
O Sale or Finance of Religious/Not-for-Profit Property © Other Mental Hygiene:
© Other: (epecily)
(specify) © Other Special Proceedin .Exparte Application for Pro hac Vice admission
(specify)
STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional information where indicated.
YES [NO
Has a summons and complaint or summons w/notice been filed? ° If yes, date filed:
Is this action/proceeding being filed post-judgment? o 6 If yes, judgment date:
[NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated.
© infant's Compromise
© Note of Issue and/or Certificate of Readiness
© Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined:
O Notice of Motion Relief Sought: - Return Date:
© Notice of Petition Relief Sought: Miscellaneous Return Date: 07/02/2012
© Order to Show Cause Relief Sought: Return Date:
© other Ex Parte Application Relief Sought:
© Poor Person Application
© Request for Preliminary Conference
© Residential Mortgage Foreclosure Settlement Conference
© Whit of Habeas Corpus
O Other (specify):
RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Family Court cases.
If additional space Is required, complete and attach the RJI Addendum. If none, leave blank.
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case
Irchwood-Manassas Assoc, unty Supreme ~LOUL relate to same out-of-state
LLC v. Seth Leberman ption
Birchwood-Manassas Assoc. [i02789/2012 INY County Supreme [Paul Wooten Both relate to the same out-of-state
LLC v. Daryl Lieberman, et al petion
PARTIES: If additional space is required, complete and attach the RJI Addendum.
For parties without an attorney, check "Un-Rep” box AND enter party address, phone number and e-mail address in "Attorneys" space.
Parties: Attorneys:
Un- List parties in caption order and Issue
Rep | indicate party role(s) (e.g. defendant; Provide name, firm name, business address, phone number and e-mail Joined Insurance Carrier(s)
3rd-party plaintiff). address of alll attorneys that have appeared in the case. (VIN):
[Trokenheim S. Matthew
Last Name Last Name First Name
lOves
PIRCHWOOD-MANASSAS ASSOCIATHArent Fox LLP
Frm Name
Primary Role:
1675 Broadway | New York. New York. 10019-5820
Petitioner idrose city Stato 2p
Secondary Role (if any) NO
Petitioner
+1 (212) 484-3000 1 (212) 484-3980 tokenhelm mathew@arenton.
Last Name
SETH LIEBERMAN
First Nar
Tracey, It
|Hogan Lovells US LLP
Last Name
Ficm Name
Dennis
First Namo,
love
Primary Re [875 Third Avenue
Respondent New York New York 10022
Street Address city State zip
‘Secondary Role (if any): + (212) 918-3000 +4 (212) 918-9100
NO
dennis racey@hoganlovels.co}
[Smith Michael M.
Last Name Last Name, FirstName
}Oves
SETH LIEBERMAN [Hogan Lovells US LLP
First Namo Firm Name
Primary Role:
}7930 Jones Branch Or FI 9 MeLean Virginia 22102-3302
Respondent treet Address Zip
Secondary Role (it any): NO
+1 (703) 610-6100 +1703) 610-6200 mmichaelm.smith@hoganiovels
Liebman. Nicole
Last Name Last Namo First Name
WEISERMAZARS LLP
JOves
iison Elser Moskowitz Edeiman oo er LLP
rst Name amo
Primary Role:
[3 Gannett Drive White ne New York 10604-3407
Respondent Address State Zip
‘Secondary Role (if any): NO
+4 (914) 323-7000 +4 (914) 329-7001 Nicolelebman@vilsonelsor.col
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND
HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN
FILED IN THIS ACTION OR PROCEEDING. —
Dated: Gigli, SPL SIGNATURE
4416079 Matthew S. Trokenheim
ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME
SUPREME COURT OF THE STATE OF NEW YORK ucs-s40c
312011
COUNTY OF New York x 12012
Index No.
Application of BIRCHWOOD-MANASSAS ASSOCIATES, LLC RJI No. (if any)
-against- Plaintiff(s)/Petitioner(s)
SETH LIEBERMAN and WEISERMAZARS LLP COMMERCIAL DIVISION
Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum
COMPLETE WHERE APPLICABLE [add additional pages if needed]:
Plaintiff/Petitioner’s cause(s) of action [check all that apply]:
El Breach of contract or fiduciary duty, fraud, misrepresentatiori, business tort (e.g. unfair competition), or statutory and/or common
law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate
restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and
employment agreements not including claims that principally involve alleged discriminatory practices)
Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium
units)
Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent
only
Shareholder derivative actions — without consideration of the monetary threshold
Commercial class actions — without consideration of the monetary threshold
Business transactions involving or arising out of dealings with commercial banks and other financial institutions
Internal affairs of business organizations
Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters
Environmental insurance coverage
Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage)
Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without
consideration of the monetary threshold
Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR
Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold
Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]:
$ =.
Plaintiff/Petitioner’s claim for equitable or declaratory relief [brief description}:
‘etitioner, Birchwood moves for an order quashing a subpoena served by respondent Seth Lieberman on
‘espondent WeiserMazars LLP in New York for an out-of-state commercial action. The subpoena does not
fomply with the CPLR and violates a scheduling order of the court in which the commercial action is pending. In|
he out-of-state action, Lieberman, a member of Birchwood-Manassas, L.L.C., seeks immediate wind up and
Hissolution of Birchwood, and the appointment of a liquidating trustee.
Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]:
| REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. | CERTIFY THAT THE CASE
MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH, 2 NYCRR§
202.70(a), (b) AND (c). _—-
Dated: 6dr
SIGNATURE
Matthew _S. Trokenheim
PRINT OR TYPE NAME
Preview
INDEX NO. 652005/2012 (FILED: NEW YORK COUNTY CLERK 06/08/2012) NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 06/08/2012 REQUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only: Ucs-840 (3/2011) TAS Entry Date Supreme COURT, COUNTY OF. New York ‘Judge Assigned Index No: 12012 Date Index Issued: Enter the complete case caption, Do not use et al or et ano. If more space is RT Date CAPTION: required, attach a caption rider sheet. (Application of IBIRCHWOOD-MANASSAS ASSOCIATES, LLC , Plaintiff(s)/Petitioner(s) ~against- ISETH LIEBERMAN and WEISERMAZARS LLP Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL O Contested ‘© Business Entity (including corporations, partnerships, LLCs, etc.) © Uncontested O Contract NOTE: For all Matrimonial actions where the parties have children under Insurance (where insurer is a party, except arbitration) the age of 18, complete and attach the MATRIMONIAL Rul Addendum. © UCC (including sales, negotiable instruments) TORTS @ Other Commercial: quash NY subpoena issued in out-of-state comm. action © Asbestos (specify) CO Breast Implant NOTE: For Commercial Division assignment requests [22 NYCRR § © Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV RJI Addendum. (specify) REAL PROPERTY: How many properties does the application include? © Medical, Dental, or Podiatric Malpractice © Condemnation © Motor Vehicle O Foreclosure O Products Liability: Property Address: New York (specify) Street Address, city State Zip © Other Negligence: NOTE: For Foreclosure actions involving a one- to four-family, owner- (specify) occupied, residential property, or an owner-occupied condominium, © Other Professional Malpractice: complete and attach the FORECLOSURE RJI Addendum. (specify) © Tax Certiorari - Section: Block: Lot: O Other Tort: © Other Real Property: (een) (specify) OTHER MATTERS SPECIAL PROCEEDINGS | © Certificate of incorporation/Dissolution [see NOTE under Commercial] © CPLR Article 75 (Arbitration) [see NOTE under Commercial] © Emergency Medical Treatment © CPLR Article 78 (Body or Officer) O Habeas Corpus O Election Law © Local Court Appeal O MHL Article 9.60 (Kendra's Law) © Mechanic's Lien © MUL Article 10 (Sex Offender Confinement-Initial) © Name Change © MUL Article 10 (Sex Offender Confinement-Review) © Pistol Permit Revocation Hearing © MHL Article 81 (Guardianship) O Sale or Finance of Religious/Not-for-Profit Property © Other Mental Hygiene: © Other: (epecily) (specify) © Other Special Proceedin .Exparte Application for Pro hac Vice admission (specify) STATUS OF ACTION OR PROCEEDING: Answer YES or NO for EVERY question AND enter additional information where indicated. YES [NO Has a summons and complaint or summons w/notice been filed? ° If yes, date filed: Is this action/proceeding being filed post-judgment? o 6 If yes, judgment date: [NATURE OF JUDICIAL INTERVENTION: Check ONE box only AND enter additional information where indicated. © infant's Compromise © Note of Issue and/or Certificate of Readiness © Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: O Notice of Motion Relief Sought: - Return Date: © Notice of Petition Relief Sought: Miscellaneous Return Date: 07/02/2012 © Order to Show Cause Relief Sought: Return Date: © other Ex Parte Application Relief Sought: © Poor Person Application © Request for Preliminary Conference © Residential Mortgage Foreclosure Settlement Conference © Whit of Habeas Corpus O Other (specify): RELATED CASES: List any related actions. For Matrimonial actions, include any related criminal and/or Family Court cases. If additional space Is required, complete and attach the RJI Addendum. If none, leave blank. Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case Irchwood-Manassas Assoc, unty Supreme ~LOUL relate to same out-of-state LLC v. Seth Leberman ption Birchwood-Manassas Assoc. [i02789/2012 INY County Supreme [Paul Wooten Both relate to the same out-of-state LLC v. Daryl Lieberman, et al petion PARTIES: If additional space is required, complete and attach the RJI Addendum. For parties without an attorney, check "Un-Rep” box AND enter party address, phone number and e-mail address in "Attorneys" space. Parties: Attorneys: Un- List parties in caption order and Issue Rep | indicate party role(s) (e.g. defendant; Provide name, firm name, business address, phone number and e-mail Joined Insurance Carrier(s) 3rd-party plaintiff). address of alll attorneys that have appeared in the case. (VIN): [Trokenheim S. Matthew Last Name Last Name First Name lOves PIRCHWOOD-MANASSAS ASSOCIATHArent Fox LLP Frm Name Primary Role: 1675 Broadway | New York. New York. 10019-5820 Petitioner idrose city Stato 2p Secondary Role (if any) NO Petitioner +1 (212) 484-3000 1 (212) 484-3980 tokenhelm mathew@arenton. Last Name SETH LIEBERMAN First Nar Tracey, It |Hogan Lovells US LLP Last Name Ficm Name Dennis First Namo, love Primary Re [875 Third Avenue Respondent New York New York 10022 Street Address city State zip ‘Secondary Role (if any): + (212) 918-3000 +4 (212) 918-9100 NO dennis racey@hoganlovels.co} [Smith Michael M. Last Name Last Name, FirstName }Oves SETH LIEBERMAN [Hogan Lovells US LLP First Namo Firm Name Primary Role: }7930 Jones Branch Or FI 9 MeLean Virginia 22102-3302 Respondent treet Address Zip Secondary Role (it any): NO +1 (703) 610-6100 +1703) 610-6200 mmichaelm.smith@hoganiovels Liebman. Nicole Last Name Last Namo First Name WEISERMAZARS LLP JOves iison Elser Moskowitz Edeiman oo er LLP rst Name amo Primary Role: [3 Gannett Drive White ne New York 10604-3407 Respondent Address State Zip ‘Secondary Role (if any): NO +4 (914) 323-7000 +4 (914) 329-7001 Nicolelebman@vilsonelsor.col I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. — Dated: Gigli, SPL SIGNATURE 4416079 Matthew S. Trokenheim ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME SUPREME COURT OF THE STATE OF NEW YORK ucs-s40c 312011 COUNTY OF New York x 12012 Index No. Application of BIRCHWOOD-MANASSAS ASSOCIATES, LLC RJI No. (if any) -against- Plaintiff(s)/Petitioner(s) SETH LIEBERMAN and WEISERMAZARS LLP COMMERCIAL DIVISION Defendant(s)/Respondent(s) Request for Judicial Intervention Addendum COMPLETE WHERE APPLICABLE [add additional pages if needed]: Plaintiff/Petitioner’s cause(s) of action [check all that apply]: El Breach of contract or fiduciary duty, fraud, misrepresentatiori, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units) Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only Shareholder derivative actions — without consideration of the monetary threshold Commercial class actions — without consideration of the monetary threshold Business transactions involving or arising out of dealings with commercial banks and other financial institutions Internal affairs of business organizations Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters Environmental insurance coverage Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without consideration of the monetary threshold Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]: $ =. Plaintiff/Petitioner’s claim for equitable or declaratory relief [brief description}: ‘etitioner, Birchwood moves for an order quashing a subpoena served by respondent Seth Lieberman on ‘espondent WeiserMazars LLP in New York for an out-of-state commercial action. The subpoena does not fomply with the CPLR and violates a scheduling order of the court in which the commercial action is pending. In| he out-of-state action, Lieberman, a member of Birchwood-Manassas, L.L.C., seeks immediate wind up and Hissolution of Birchwood, and the appointment of a liquidating trustee. Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]: | REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. | CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH, 2 NYCRR§ 202.70(a), (b) AND (c). _—- Dated: 6dr SIGNATURE Matthew _S. Trokenheim PRINT OR TYPE NAME