On May 01, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Xxxxxxxx Xxxx,
Vincent Settecasi,
and
Ark Bryant Park, Llc,
Ark Bryant Park Southwest, Llc,
Ark Restaurants Corp.,
Michael Weinstein,
Robert J Stewart,
for Other Matters - Contract - Other
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 04/02/2021 05:10 PM INDEX NO. 154038/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 04/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
VINCENT SETTECASI and xxxxxxxx xxxx,
individually and on behalf of others similarly situated,
Index No.: 154038/2018
Plaintiffs,
- against - NOTICE OF MOTION
ARK RESTAURANTS CORP.; ARK BRYANT
PARK, LLC; ARK BRYANT PARK SOUTHWEST,
LLC; MICHAEL WEINSTEIN; ROBERT J.
STEWART; and any other related entities,
Defendants.
PLEASE TAKE NOTICE that upon the annexed Affirmation of Michael A. Tompkins,
dated April 2, 2021, and the exhibits attached thereto, the undersigned will move this Court at the
Motion Submission Part, Room 130, New York State Supreme Court, 60 Centre Street, New York,
16*
New York on the day of April, 2021, at 9:30 a.m. of that day, or as soon thereafter as counsel
Plaintiffs'
can be heard, for an order granting motion pursuant to § 2308(b) of the New York Civil
Practice Law and Rules ("CPLR"): (1) to order Non-party Kourageous Kapitan LLC to comply
with the subpoena and produce all documeñts set forth in Exhibit A; (2) authorize Plaintiffs to
move for contempt and/or a judicial warrant under Judiciary Law § 753 if the Non-Party
Kourageous Kapitan LLC fails to produce documents and/or appear at any hearing; and (3) order
any other relief this Court deems necessary and appropriate.
1 of 2
FILED: NEW YORK COUNTY CLERK 04/02/2021 05:10 PM INDEX NO. 154038/2018
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 04/02/2021
Dated: April 2, 2021
Carle Place, New York
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, New York 11514
Cc: All Counsel of Record (via NYSCEF)
To Non-Party:
Kourageous Kapitan LLC
72-54 Manse Street
Forest Hills, New York 11375
2 of 2
Document Filed Date
April 02, 2021
Case Filing Date
May 01, 2018
Category
Other Matters - Contract - Other
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FILED: NEW YORK COUNTY CLERK 04/02/2021 05:10 PM INDEX NO. 154038/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 04/02/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY VINCENT SETTECASI and xxxxxxxx xxxx, individually and on behalf of others similarly situated, Index No.: 154038/2018 Plaintiffs, - against - NOTICE OF MOTION ARK RESTAURANTS CORP.; ARK BRYANT PARK, LLC; ARK BRYANT PARK SOUTHWEST, LLC; MICHAEL WEINSTEIN; ROBERT J. STEWART; and any other related entities, Defendants. PLEASE TAKE NOTICE that upon the annexed Affirmation of Michael A. Tompkins, dated April 2, 2021, and the exhibits attached thereto, the undersigned will move this Court at the Motion Submission Part, Room 130, New York State Supreme Court, 60 Centre Street, New York, 16* New York on the day of April, 2021, at 9:30 a.m. of that day, or as soon thereafter as counsel Plaintiffs' can be heard, for an order granting motion pursuant to § 2308(b) of the New York Civil Practice Law and Rules ("CPLR"): (1) to order Non-party Kourageous Kapitan LLC to comply with the subpoena and produce all documeñts set forth in Exhibit A; (2) authorize Plaintiffs to move for contempt and/or a judicial warrant under Judiciary Law § 753 if the Non-Party Kourageous Kapitan LLC fails to produce documents and/or appear at any hearing; and (3) order any other relief this Court deems necessary and appropriate. 1 of 2 FILED: NEW YORK COUNTY CLERK 04/02/2021 05:10 PM INDEX NO. 154038/2018 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 04/02/2021 Dated: April 2, 2021 Carle Place, New York Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, New York 11514 Cc: All Counsel of Record (via NYSCEF) To Non-Party: Kourageous Kapitan LLC 72-54 Manse Street Forest Hills, New York 11375 2 of 2