On November 13, 2018 a
Request,Application
was filed
involving a dispute between
Individually And On Behalf Of All Other Persons Similarly Situated,
Lange Campbell,
and
Donald Berger,
New York Boiler, Inc,
Richard Berger,
for Other Matters - Contract - Other
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/08/2019 03:32 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2019
LAZARE POTTER GIACOVAS A MOYLE LLP
747 TFIIRD AVE, FLOOR 16
NFW YORK, NEW YORK 10017
T: 212.758.9300
F: 212.888.0919 Direct: 784-2402
(212)
LPOMI.AW.OOM dpotter@lpgmlaw.corn
February 8, 2019
Via NYSCEF
Honorable Deborah Kaplan
Supreme Court of the State of New York
County of New York
60 Centre Street
New York, New York 10007
Re: Lange Campbell, individually and on behalf of all other persons similarly
situated v. New York Boiler, Inc., Richard Berger and Donald Berger
Supreme Court of the State of New York, County of New York
Index No.: 160513/2018
LPGM File No.:
Dear Judge Kaplan:
This firm represents the Defendants in the above-captioned case. We write to
respectfully
request a transfer of this case to the Commercial Division pursuant to Section 202.70(e) of the
Rules of the Commercial Division of the Supreme Court.
Section 202.70(e) of the Rules of the Commercial Division of the Supreme Court provides:
(e)
Transfer into the Commercial Division. If an RJI is filed within the
90-day
period following service of the complaint and the case is assigned to a
noncommercial part because the
filing party did not designate the case as
"commercial"
on the RJI, any other
party may apply by letter application (with a
copy to all
parties)
to the Administrative Judge, within ten days after receipt of a
copy of the RJI, for a transfer of the case into the Commercial Division.
This action was commenced less than 90 days ago, on November 13, 2018 (See Ex. A).
other"
—
Plaintiff filed an RJI on January 29, 2019 and selected "Other: Contract (See Exh. B).
This case involves claims which comply with Section 202.70(b), i.e. breach of contract or
fiduciary
duty, fraud, misrepresentation, business tort, or
statutory
and/or common law violation where the
breach or violation is alleged to arise out of business dealings. Further, these claims are not
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FILED: NEW YORK COUNTY CLERK 02/08/2019 03:32 PM INDEX NO. 160513/2018
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2019
excluded by Section 202.70(c) and upon information and belief, Plaintiff will claim compensatory
damages in excess of the monetary threshold.
As stated above, this case is meets the requirements for Commercial Division Assignment
and we respectfully request it be transferred.
Thank you for your consideration of this matter.
Respectfully Submitted,
s/David E. Potter
David E. Potter
Encl.
cc: Via NYSCEF
Lloyd R. Ambinder, Esq.
Virginia & Ambinder, LLP
2 of 2
Document Filed Date
February 08, 2019
Case Filing Date
November 13, 2018
Category
Other Matters - Contract - Other
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FILED: NEW YORK COUNTY CLERK 02/08/2019 03:32 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2019 LAZARE POTTER GIACOVAS A MOYLE LLP 747 TFIIRD AVE, FLOOR 16 NFW YORK, NEW YORK 10017 T: 212.758.9300 F: 212.888.0919 Direct: 784-2402 (212) LPOMI.AW.OOM dpotter@lpgmlaw.corn February 8, 2019 Via NYSCEF Honorable Deborah Kaplan Supreme Court of the State of New York County of New York 60 Centre Street New York, New York 10007 Re: Lange Campbell, individually and on behalf of all other persons similarly situated v. New York Boiler, Inc., Richard Berger and Donald Berger Supreme Court of the State of New York, County of New York Index No.: 160513/2018 LPGM File No.: Dear Judge Kaplan: This firm represents the Defendants in the above-captioned case. We write to respectfully request a transfer of this case to the Commercial Division pursuant to Section 202.70(e) of the Rules of the Commercial Division of the Supreme Court. Section 202.70(e) of the Rules of the Commercial Division of the Supreme Court provides: (e) Transfer into the Commercial Division. If an RJI is filed within the 90-day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as "commercial" on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within ten days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division. This action was commenced less than 90 days ago, on November 13, 2018 (See Ex. A). other" — Plaintiff filed an RJI on January 29, 2019 and selected "Other: Contract (See Exh. B). This case involves claims which comply with Section 202.70(b), i.e. breach of contract or fiduciary duty, fraud, misrepresentation, business tort, or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings. Further, these claims are not 1 of 2 FILED: NEW YORK COUNTY CLERK 02/08/2019 03:32 PM INDEX NO. 160513/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/08/2019 excluded by Section 202.70(c) and upon information and belief, Plaintiff will claim compensatory damages in excess of the monetary threshold. As stated above, this case is meets the requirements for Commercial Division Assignment and we respectfully request it be transferred. Thank you for your consideration of this matter. Respectfully Submitted, s/David E. Potter David E. Potter Encl. cc: Via NYSCEF Lloyd R. Ambinder, Esq. Virginia & Ambinder, LLP 2 of 2