Preview
INDEX NO. 151313/2014
FILED: NEW YORK COUNTY CLERK 08/11/2015 05:01 PM
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 08/11/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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HELEN SILLER,
Plaintiff,
-against- Index No. 151313/2014
THE THIRD BREVOORT CORPORATION,
DIANE C. NARDONE, CLIFF RUSSO,
ELIZABETH LOUIE, ANDREW BAUM, NOTICE OF APPEAL
GEORGE ALOIL, CHRISTINE BECK, BONNIE
HILLER, MORTIMOR C. LAZARUS, JANE
WARREN, JOHN C. WOELL and
BARBARA EISENBERG,
Defendants.
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PLEASE TAKE NOTICE that, plaintiff Helen Siller hereby appeals to the Appellate
Division of the Supreme Court of the State of New York, First Department, from the Order of the
Supreme Court, New York County (Shlomo Hagler, J.), dated July 14, 2015 and entered on July 15, 2015.
Dated: New York, New York
August 11, 2015
The Law Offices of
DANIEL S. STEINBERG P.C.
By:
Daniel S. Steinba
355 Lexington Avenue, Suite 401
New York, NY 10017
(212) 666-3316
STEPHEN I. SILLER, ESQ.
885 Third Avenue, 16th Floor
New York, NY 10022
(212) 981-2330
Attorneys for Plaintiff Helen Siller
INDEX NO. 151313/2014
(FILED? NEW YORK COUNTY CLERK 07/15/2015 11:34 AM
NYSCEF_Poc. NO. 123 RECEIVED NYSCEF: 07/15/ 2015
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At Part 17 of the Supreme Court of
the State of New York, held in and
for the County of New York, at the
Courthouse thereof located at 60
Centre Street, New, York, New York
onthe !¥ day ofSuly , 2015
PRESENT:
HON. SHLOMO HAGLER
JSC.
-
HELEN SILLER,
Plaintiff,
-against-
THE THIRD BREVOORT CORPORATION, Index No. 151313/2014
DIANE C. NARDONE, CLIFF RUSSO,
ELIZABETH LOUIE, ANDREW BAUM, ORDER
GEORGE ALOI, CHRISTINE BECK, BONNIE
HILLER, MORTIMOR C. LAZARUS, JANE
WARREN, JOHN C. WOELL, AND BARBARA
EISENBERG,
Defendants.
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Defendants having moved this Court for an Order, pursuant to CPLR 321 1(a)(1) and
321 1(a)(7), dismissing plaintiff's Second Amended Verified Complaint, dated October 21, 2014,
with prejudice and for such other, further and different relief as the Court deems just and proper;
NOW, upon reading and filing the Affirmation of Barry G. Margolis, dated November
26, 2014, in Support of Motion to Dismiss the Second Amended Verified Complaint, together
with the exhibits annexed thereto and the accompanying memorandum of law, the affirmation of
the
Daniel S. Steinberg, dated January 7, 2015, in Opposition to Defendants” Motion to Dismiss
Second Amended Complaint, the accompanying affidavit of Helen Siller, sworn to May 7, 2014,
a + 4 .4
together with the exhibits annexed thereto and the accompanying memorandum of law, the Reply
Affirmation of Barry G. Margolis, dated January 26, 2015, in Further Support of Motion to
Dismiss the Second Amended Verified Complaint, together with the exhibit annexed thereto, and
the accompanying reply memorandum of law;
AND upon the oral argument on the record on May 12, 2015 and June 15, 2015, and the
transcripts memorializing said arguments, which are incorporated herein and made a part hereof;
AND plaintiff during oral argument having discontinued her Eighth Cause of Action
without prejudice;
AND the Court, after due deliberation, having issued an Order dated and entered June 15,
2015 directing that an order be settled;
-NOW, THEREFORE, it is:
ORDERED, that defendants’ motion to dismiss plaintiffs Second Amended Verified
Complaint dated October 21, 2014 is granted in all respects, and the Second Amended Verified
Complaint is hereby dismissed with prejudice.
SHLOMO. Hac! LER
Tithe
Preview
INDEX NO. 151313/2014 FILED: NEW YORK COUNTY CLERK 08/11/2015 05:01 PM NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 08/11/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ween nee een nenen ene nne nen ennenenneeenen ne neneee, HELEN SILLER, Plaintiff, -against- Index No. 151313/2014 THE THIRD BREVOORT CORPORATION, DIANE C. NARDONE, CLIFF RUSSO, ELIZABETH LOUIE, ANDREW BAUM, NOTICE OF APPEAL GEORGE ALOIL, CHRISTINE BECK, BONNIE HILLER, MORTIMOR C. LAZARUS, JANE WARREN, JOHN C. WOELL and BARBARA EISENBERG, Defendants. wane n nnn nnn ee ene eee PLEASE TAKE NOTICE that, plaintiff Helen Siller hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First Department, from the Order of the Supreme Court, New York County (Shlomo Hagler, J.), dated July 14, 2015 and entered on July 15, 2015. Dated: New York, New York August 11, 2015 The Law Offices of DANIEL S. STEINBERG P.C. By: Daniel S. Steinba 355 Lexington Avenue, Suite 401 New York, NY 10017 (212) 666-3316 STEPHEN I. SILLER, ESQ. 885 Third Avenue, 16th Floor New York, NY 10022 (212) 981-2330 Attorneys for Plaintiff Helen Siller INDEX NO. 151313/2014 (FILED? NEW YORK COUNTY CLERK 07/15/2015 11:34 AM NYSCEF_Poc. NO. 123 RECEIVED NYSCEF: 07/15/ 2015 = 4 * ~ At Part 17 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse thereof located at 60 Centre Street, New, York, New York onthe !¥ day ofSuly , 2015 PRESENT: HON. SHLOMO HAGLER JSC. - HELEN SILLER, Plaintiff, -against- THE THIRD BREVOORT CORPORATION, Index No. 151313/2014 DIANE C. NARDONE, CLIFF RUSSO, ELIZABETH LOUIE, ANDREW BAUM, ORDER GEORGE ALOI, CHRISTINE BECK, BONNIE HILLER, MORTIMOR C. LAZARUS, JANE WARREN, JOHN C. WOELL, AND BARBARA EISENBERG, Defendants. cove ce ewe ene cence nen nme nner en cee nnn ennennennnnnmennnnensnanennn! Defendants having moved this Court for an Order, pursuant to CPLR 321 1(a)(1) and 321 1(a)(7), dismissing plaintiff's Second Amended Verified Complaint, dated October 21, 2014, with prejudice and for such other, further and different relief as the Court deems just and proper; NOW, upon reading and filing the Affirmation of Barry G. Margolis, dated November 26, 2014, in Support of Motion to Dismiss the Second Amended Verified Complaint, together with the exhibits annexed thereto and the accompanying memorandum of law, the affirmation of the Daniel S. Steinberg, dated January 7, 2015, in Opposition to Defendants” Motion to Dismiss Second Amended Complaint, the accompanying affidavit of Helen Siller, sworn to May 7, 2014, a + 4 .4 together with the exhibits annexed thereto and the accompanying memorandum of law, the Reply Affirmation of Barry G. Margolis, dated January 26, 2015, in Further Support of Motion to Dismiss the Second Amended Verified Complaint, together with the exhibit annexed thereto, and the accompanying reply memorandum of law; AND upon the oral argument on the record on May 12, 2015 and June 15, 2015, and the transcripts memorializing said arguments, which are incorporated herein and made a part hereof; AND plaintiff during oral argument having discontinued her Eighth Cause of Action without prejudice; AND the Court, after due deliberation, having issued an Order dated and entered June 15, 2015 directing that an order be settled; -NOW, THEREFORE, it is: ORDERED, that defendants’ motion to dismiss plaintiffs Second Amended Verified Complaint dated October 21, 2014 is granted in all respects, and the Second Amended Verified Complaint is hereby dismissed with prejudice. SHLOMO. Hac! LER Tithe