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INDEX NO. 151313/2014
(FILED: NEW YORK COUNTY CLERK 0571572014)
NYSCEF DOC. NO. 46 RECEIVED NYSCEF 05/15/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eee wen nnnenennnnannnnnn nnn nnnnaneenen en enn anna nnn nn nnn nn nen nn neon! x
HELEN SILLER, E-Filed
Individually and derivatively as a shareholder Motion Sequence No. 003
of, and on behalf of, The Third Brevoort
Corporation, Index No. 151313/2014
Plaintiff, NOTICE OF MOTION
TO DISMISS THE FIRST
- against - AMENDED VERIFIED
COMPLAINT
THE THIRD BREVOORT
CORPORATION, Diane C. Nardone, Cliff Oral Argument Requested
Russo, Elizabeth Louie, Andrew Baum,
George Aloi, Christine Beck, Bonnie Hiller,
Mortimor C. Lazarus, Jane Warren, John C.
Woell, and Barbara Eisenberg,
Defendants.
a ee -X
PLEASE TAKE NOTICE that, upon the annexed Affirmation of Barry
G. Margolis, dated May 15, 2014, the exhibits annexed thereto, and the accompanying
memorandum of law, defendants The Third Brevoort Corporation, Diane C. Nardone,
Cliff Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller,
Mortimor C. Lazarus, Jane Warren, John C. Woell and Barbara Eisenberg, by their
counsel, Abrams Garfinkel Margolis Bergson, LLP, will move this Court at the Motion
Support Office Courtroom, Room 130, at the Courthouse located at 60 Centre Street,
New York, NY, on July 10, 2014, at 9:30 a.m. in the forenoon of that day, or as soon
thereafter as counsel may be heard, for an Order, pursuant to CPLR 3211(a)(1) and
3211(a)(7), dismissing plaintiff's First Amended Verified Complaint with prejudice and
for such other, further and different relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to agreement
between the parties, answering papers, if any, shall be served on or before June 16, 2014.
Reply papers, if any, shall be served on or before July 9, 2014.
Dated: New York, New York
May 15, 2014
ABRAMS GARFINKEL
MARGOLIS BERGSON, L}.P
Ga
By:
Barry G. Margolis
Eric B. Post
1430 Broadway, 17" Floor
New York, New York 10018
(212) 201-1170
Attorneys for Defendants
TO: STEPHEN I. SILLER
885 Third Avenue, 16" Floor
New York, New York 10022
(212) 981-2330
Attorney for Plaintiff
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INDEX NO. 151313/2014 (FILED: NEW YORK COUNTY CLERK 0571572014) NYSCEF DOC. NO. 46 RECEIVED NYSCEF 05/15/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eee wen nnnenennnnannnnnn nnn nnnnaneenen en enn anna nnn nn nnn nn nen nn neon! x HELEN SILLER, E-Filed Individually and derivatively as a shareholder Motion Sequence No. 003 of, and on behalf of, The Third Brevoort Corporation, Index No. 151313/2014 Plaintiff, NOTICE OF MOTION TO DISMISS THE FIRST - against - AMENDED VERIFIED COMPLAINT THE THIRD BREVOORT CORPORATION, Diane C. Nardone, Cliff Oral Argument Requested Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller, Mortimor C. Lazarus, Jane Warren, John C. Woell, and Barbara Eisenberg, Defendants. a ee -X PLEASE TAKE NOTICE that, upon the annexed Affirmation of Barry G. Margolis, dated May 15, 2014, the exhibits annexed thereto, and the accompanying memorandum of law, defendants The Third Brevoort Corporation, Diane C. Nardone, Cliff Russo, Elizabeth Louie, Andrew Baum, George Aloi, Christine Beck, Bonnie Hiller, Mortimor C. Lazarus, Jane Warren, John C. Woell and Barbara Eisenberg, by their counsel, Abrams Garfinkel Margolis Bergson, LLP, will move this Court at the Motion Support Office Courtroom, Room 130, at the Courthouse located at 60 Centre Street, New York, NY, on July 10, 2014, at 9:30 a.m. in the forenoon of that day, or as soon thereafter as counsel may be heard, for an Order, pursuant to CPLR 3211(a)(1) and 3211(a)(7), dismissing plaintiff's First Amended Verified Complaint with prejudice and for such other, further and different relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to agreement between the parties, answering papers, if any, shall be served on or before June 16, 2014. Reply papers, if any, shall be served on or before July 9, 2014. Dated: New York, New York May 15, 2014 ABRAMS GARFINKEL MARGOLIS BERGSON, L}.P Ga By: Barry G. Margolis Eric B. Post 1430 Broadway, 17" Floor New York, New York 10018 (212) 201-1170 Attorneys for Defendants TO: STEPHEN I. SILLER 885 Third Avenue, 16" Floor New York, New York 10022 (212) 981-2330 Attorney for Plaintiff