FILED: BRONX COUNTY CLERK 11/22/ :25 AM INDEX NO /2016E

Transcription

1 til SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Plaintiff, NOTICE OF SETTLEMENT MAJESTIC CLEANING INC., COUNSELORS: PLEASE TAKE NOTICE that the within is a true copy of a proposed Settle Order which will be presented for settlement to the Hon. Alison Y. Tuitt, of this Court at the Courthouse, 851 Grand Concourse, Bronx, New York, at 9:30 a.m. on November 2, 2017, or as soon thereafter as counsel can be heard. Dated: New York, New York October 11,2017 By: Melisande Hill HILL & MOIN LLP PILLINGER, MILLER, TARALLO, LLP Attorneys for Defendant 555 Taxter Road 5th Floor Elmsford, New York Attorneys for Plaintiff 2 Wall Street Suite 301 New York, New York (212) of 7

2 At an IAS Part 5 of the Supreme Court of the State of New York, held in and for the County of Bronx, at the Courthouse, 851 Grand Concourse, Bronx, New York, on the 2.0 day of Antot4eq2.017 RESENT: Hon. Alison Y. Tuitt Justice MAJESTIC CLEANING INC., ORDER A motion having been held in the above matter before this court on September 25, 2017, it having been determined by the court that it is necessary to have testimony of Kurt Leisure who may have knowledge or information relevant to the issues to be determined, and it appearing that he resides in the State of California, Los Angeles County, and that it is necessary to issue a commission and letters rogatory in order to effect the taking of the testimony of said witness. NOW, on motion of Hill & Moin LLP, attorneys for the plaintiff, Matthew Kendrick, it is ORDERED, that a commission issue in this action out of and under the seal of this court directed to any California Certified Court Reporter, being a person authorized to administer oaths under the laws of the State of California and a person qualified to act as Commissioner pursuant to CPLR 3113 to take the testimony under oath of the witness, Kurt Leisure upon oral questions posed by the attorneys for each of the parties hereto, and it is f-urther ORDERED, that such examination shall take place with all convenient speed at the time or times and place or places, agreed to by and between attorneys for respective parties, who shall give notice of same to Kurt Leisure, and it is further 2 of 7

3 ORDERED, that letters regatory shall issue in this action directed to any judge of the Los Angeles County Superior Court having jurisdiction of these matters in the County of Los Angeles State of California directing Kurt Leisure to appear before the Commissioner herein named to be examined and authorizing any such judge or tribunal to issue a subpoena and providing said judge or tribunal with all powers which this court has to effect the oral examination of this witness, Kurt Leisure, and it is further ORDERED, that upon completion of the oral examinations set forth herein, the Commissioner shall proceed to have the testimony of the witness transcribed and returned by said Commissioner to this court with all due diligence, and it is further ORDERED, that the scope of the questions to be directed to said witness shall be unlimited, and to also include all issues relevant to any further hearing which may be held concerning all of the issues raised by the Plaintiff herein in his motion and supporting papers, and it is further ORDERED, that the rights of each of the parties hereto to object to any of the questions and/or answers of any of the witnesses shall be reserved, and each party shall have the right thereafter to raise any such objections before this court within thirty (30) days of the time the relevant transcripts are filed and notice of filing given. ENTER: C. ALISON Y. MITT 3 of 7

4 FILED: Az BRONX COUNTY CLERK 11/22/ :25 AM (FILED: BRONX COUNTY CLERK 0 9/28/ : 46 PM NYSCEF DOC. NO. 29 NEW YORK SUPREME COURT - COUNTY OF BRONX RECEIVED NYSCEF: 09/28/2017 PART 574 REME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: Case Disposed 0 Settle Order Schedule Appearance 0 tjlee/kil6tr/c4 Index /. / Hon.. St 4 -Ale Al %falai " Justice. a The followinapapers numbered 1 to I Read on this motion s_ OTSC Noticed on (1' 15 (7 y L and duly submitted as No. on the Motion Calendariof (Y22 31( Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed Answering Affidavit and Exhibits PAPERS NUMBERED Replying Affidavit and Exhibits Pleadings - Exhibit Affidavits and F-xkulsits Stipulation(s) - Referees Report - Minutes Filed Papers Mernonnds of Law Upon the foregoing papers this aftetvi /0 0,), CaLpip rto 1/3 -DAAL-71 axed; 1 of 2 Alison Y. Mitt, J.S.C, 4 of 7

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6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Plaintiff, AFFIDAVIT OF MAIL SERVICE MAJESTIC CLEANING INC., STATE OF NEW YORK COUNTY OF NEW YORK age. Ivan Zavyalov, being duly sworn, says: I am not a party to the action; I reside at Brooklyn, New York, and I am over 18 years of, 2017, I served the within Order with Notice of Settlement by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: On Ocitioe.fr_ PILLINGER, MILLER, TARALLO, LLP 555 Taxter Road, 5th Floor Elmsford, New York Sworn to before me on 00706etz-li.,2017 NO, ; t PUBLIC MELISANDE HILL Notary PLINK:, SiEts oi New York No O2HA021:;C:03 QuaIitisd fl N:7-te Ycn Comity, Commission Expires Mar of 7

7 .,. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No /2016E Plaintiff, MAJESTIC CLEANING ORDER WITH NOTICE OF SETTLEMENT HILL & MOIN LLP Attorneys for Plaintiff 2 Wall Street Suite 301 New York, New York (212) of 7