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FILED: NEW YORK COUNTY CLERK 01/16/2019 06:06 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________________ -----------X
CRESCO LABS, NEW YORK, LLC, a New York
limited liability company, and CRESCO LABS, LLC, Index No.: 652343/2018
an IllinoisLimited Liability Company Hon. Charles E. Ramos
Plaintiffs,
Mot. Seq. No. 7
-against-
NOTICE OF MOTION
FIORELLO PHARMACEUTICALS, INC., a New York
corporation, ERIC SIROTA, an individual, SUSAN
YOSS, an individual, and JOHN DOES 1-10,
Defendants.
-------------------------------- ------------------------X
PLEASE TAKE NOTICE, that upon Defeñdañts Fiorello Pharmaceuticals, Inc., Eric Sirota
and Susan Yoss's January 16, 2019 memorandum of law in support of their motion to dismiss
Plaintiffs Cresco Labs, New York, LLC and Cresco Labs, LLC's amended complaint dated
November 20, 2018 (the "Amended Complaint") and upon the affirmation of Ronald D. Lefton
dated January 16, 2019 and the exhibits thereto and upon all the pleadings and prior
proceedings had herein, Defendants Fiorello Pharmaceuticals, Inc., Eric Sirota and Susan Yoss
("Defendants") will move this Court in Room 130 at the Cournicuse located at 60 Centre Street,
New York, New York on March 21, 2019 at 9:30 a.m., or as soon thereafter as counsel may be
heard, for an Order dismissing the Amended Complaint in its entirety with prejudice, pursuant to
CPLR § 3211(a)(1) and (7) on the basis of the documentary evidence and for failure to state a
cause of action, and winicut leave to amend or replead, and for such other relief as this Court
deems just and proper.
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FILED: NEW YORK COUNTY CLERK 01/16/2019 06:06 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/16/2019
PLEASE TAKE FURTHER NOTICE, that,pursuañt to the stipulation filed with thisCourt
on November 27, 2018, opposiden papers, if any, are to be filed on or before February 28, 2019 and
reply papers, ifany, shall be filed on or before March 19, 2019.
Dated: January 16, 2019 Respectfully submitted,
New York, New York
IZOWER FELDMAN, LLP
Attorneys for Defendants Fiorello
Pharmaceuticals, Inc., Eric Sirota and Susan Yoss
Ronald D. Lefton
Rachel Izower-Fadde
85 Broad Street, Floor 18
New York, New York 10004
Tel: (646) 688-3232
Fax: (646) 304-7071
rlefton@izowerfeldman.com
To: Stephen L. Ascher
Jason P. Hipp
Jenner & Block, LLP
919 Third Avenue
New York, New York 10022
212-891-1670
sascher@jenner.com
jhipp@jenner.com
Attorneys for Plaintiffs
Cresco Labs, New York, LLC
and Cresco Labs, LLC
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FILED: NEW YORK COUNTY CLERK 01/16/2019 06:06 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________________________ -----------X CRESCO LABS, NEW YORK, LLC, a New York limited liability company, and CRESCO LABS, LLC, Index No.: 652343/2018 an IllinoisLimited Liability Company Hon. Charles E. Ramos Plaintiffs, Mot. Seq. No. 7 -against- NOTICE OF MOTION FIORELLO PHARMACEUTICALS, INC., a New York corporation, ERIC SIROTA, an individual, SUSAN YOSS, an individual, and JOHN DOES 1-10, Defendants. -------------------------------- ------------------------X PLEASE TAKE NOTICE, that upon Defeñdañts Fiorello Pharmaceuticals, Inc., Eric Sirota and Susan Yoss's January 16, 2019 memorandum of law in support of their motion to dismiss Plaintiffs Cresco Labs, New York, LLC and Cresco Labs, LLC's amended complaint dated November 20, 2018 (the "Amended Complaint") and upon the affirmation of Ronald D. Lefton dated January 16, 2019 and the exhibits thereto and upon all the pleadings and prior proceedings had herein, Defendants Fiorello Pharmaceuticals, Inc., Eric Sirota and Susan Yoss ("Defendants") will move this Court in Room 130 at the Cournicuse located at 60 Centre Street, New York, New York on March 21, 2019 at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order dismissing the Amended Complaint in its entirety with prejudice, pursuant to CPLR § 3211(a)(1) and (7) on the basis of the documentary evidence and for failure to state a cause of action, and winicut leave to amend or replead, and for such other relief as this Court deems just and proper. 1 of 2 FILED: NEW YORK COUNTY CLERK 01/16/2019 06:06 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/16/2019 PLEASE TAKE FURTHER NOTICE, that,pursuañt to the stipulation filed with thisCourt on November 27, 2018, opposiden papers, if any, are to be filed on or before February 28, 2019 and reply papers, ifany, shall be filed on or before March 19, 2019. Dated: January 16, 2019 Respectfully submitted, New York, New York IZOWER FELDMAN, LLP Attorneys for Defendants Fiorello Pharmaceuticals, Inc., Eric Sirota and Susan Yoss Ronald D. Lefton Rachel Izower-Fadde 85 Broad Street, Floor 18 New York, New York 10004 Tel: (646) 688-3232 Fax: (646) 304-7071 rlefton@izowerfeldman.com To: Stephen L. Ascher Jason P. Hipp Jenner & Block, LLP 919 Third Avenue New York, New York 10022 212-891-1670 sascher@jenner.com jhipp@jenner.com Attorneys for Plaintiffs Cresco Labs, New York, LLC and Cresco Labs, LLC 2 of 2