SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 520858/2016 BASHMENT'S KARIB MEDIA, INC. AND DWAYNE MCKAY NOTICE OF Plaintiffs -against- THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, DEPUTY CAPTAIN JEFFFREY MADDREY individually and in his Official Capacity, OFFICER JOHN DOE AND LINDA SANDERS D/BA/ SANDERS STUDIO, MOTION AMEND COMPLAINT TO Defendants. PLEASE TAKE NOTICE, that upon the annexed affirmation of Richard St. Paul, Esq. duly affirmed on December 27, 2017, the summons heretofore served herein and the proposed amended summons, all of which are annexed hereto, a will be made at a Term of this court, Motion Part/Trial Support Office located at 360 Adams Street, Room 227, Brooklyn, NY 11201 at 9:30am on January 23, 2018, or as soon thereafter as counsel can be heard, for an Order: a. pursuant to N.Y. C.P.L.R. 3025 amending the Verified Summons & Complaint to add the following Defendants: Fred Sanders d/b/a Sanders NYC, 529 Waverly, LLC and b. add the following claims: Breach of Contract and Conversion and c. for such other and further relief as may be just, proper, and equitable. The above-entitled action was brought for purposes of adding an additional defendant identified by the Plaintiffs. Pursuant to N.Y. C.P.L.R. 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven days before the return date of this motion. Dated: White Plains, New York December 27, 2017 Yours etc, 1 of 6 LAW'OFFICÉ OF RICHARD ST. PAUL, ESQ Attorneys for Plaintiff 445 Hamilton Avenue, Suite 1102 White Plains, NY 10601 914-517-7568
NYSCEF DOC. TO: NO. 11 RECEIVED NYSCEF: 01/02/2018 The City of New York Corporation Counsel 100 Church Street, 4 4'" Floor New York, New York 10007 New York City Police Department C/O Corporation Counsel 100 Church Street, 4th Floor New York, NY 10007 Linda Sanders D/B/A Sanders Fred Sanders D/B/A/ Sanders 529 Waverly, LLC 2 of 6
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 520858/2016 BASHMENT'S KARIB MEDIA, INC. AND DWAYNE MCKAY, ATTORNEY'S Plaintiffs, AFFIRMATION -against- IN SUPPORT THE CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, DEPUTY CAPTAIN JEFFFREY MADDREY individually and in his Official Capacity, OFFICER JOHN DOE AND LINDA SANDERS D/BA/ SANDERS STUDIO, FRED SANDERS D/B/A ORAL ARGUMENT REQUESTED SANDERS STUDIO, 529 WAVERLY, LLC., Defendants. RICARD ST. PAUL ESQ., an attorney duly admitted to practice before the Courts of the State of New York, affirms the truth under penalty ofperjury: 1) I am the principal of THE ST. PAUL LAW FIRM, attorney for the Plaintiffs, BASHMENT'S KARIB MEDIA, INC., AND DWAYNE MCKAY and as such, I am familiar with the facts of this case and submit this affirmation in support of this motion to amend complaint to add additional defendants. 2) I write this affirmation in support of Plaintiffs Motion to Amend the Summons & Complaint herein by adding the following additional defendants: FRED SANDERS D/BA/ SANDERS STUDIO, NYC and 529 WAVERLY, LLC. And further adding the following claims: Breach of Contract and Conversion. 3) Attached hereto and marked "EXHIBIT Verified Complaint filed herein. A" is a copy of the last Summons & 4) Attached hereto and marked "EXHIBIT B" is a copy of the Proposed Amended Summons K Verified Complaint adding an the following additional defendants: 3 of 6
5) CPLR 3025(b) provides that a party may amend and/or supplement pleadings by leave of court or by stipulation of all parties at any time. 6) CPLR 3025(c) also provides that the Court the discretion to permit pleadings to be amended before or after judgment to conform them to the evidence. 7) In addition, leave to amend pleadings under CPLR 3025(b) should be freely given, and denied only if there is prejudice or surprise resulting directly from the delay, or if the proposed amendments is palpably improper or insufficient as a matter of law. McGhee v. Odell, 946 N.Y.S.2d 134; Lucido v. Mancuso, 851 N.Y.S.2d 238; 8) The party seeking the amendment must demonstrate a proper basis for same. Wieder v. Skala, 563 N.Y.S.2d 76. Such an application must be supported by an affidavit that the proposed amendment is meritorious. Zaid Theater Corp.,. v. Song Realty Co.. 797 N.Y.S.2d 434. A motion for leave to serve an amended pleading will only be denied where the amendment is wholly devoid of merit or is significantly prejudicial to the non-moving party. Norman v. Ferrara, 484 N.Y.S.2d 600. 9) Here, Defendant, FRED SANDERS D/B/A NYC as SANDERS STUDIOS is necessary to this action because he is co-owner and/or landlord of SANDERS STUDIO. 10) In addition, Defendant, 529 Waverly, LLC is an entity formed in the State of New York and is a necessary party to this action because the Plaintiff contracted with both Fred and Linda Sanders and 529 Waverly, LLC. 11) As per the complaint and amended complaint, Plaintiffs claims are meritorious because Plaintiffs did not receive their bargained for performance despite fully performing their obligation under the contract. 4 of 6
12) The Court must grant this motion to allow the Plaintiff to have his full Court" in with all claims determined. "day WHEREFORE, your affirmant respectfully requests that the Court issue an order pursuant a. pursuant to N.Y. C.P.L.R. 3025 amending the Verified Summons & Complaint to add the following additional defendants: FRED SANDERS D/B/A SANDERS STUDIO and 529 WAVERLY, LLC. b. for such other and further relief as may be just, proper, and equitable. Dated: New York, New York December 27, 2017 Yours etc, LAW FI RIC ST. PAUL, ESQ Attorneys for Plaintiff 445 Hamilton Avenue, Suite 1102 White Plains, NY 10601 914-517-7568 TO: The City of New York Corporation Counsel 100 Church Street, 4* Floor New York, New York 10007 New York City Police Department C/O Corporation Counsel 4"' 100 Church Street, Floor New York, NY 10007 Linda Sanders D/B/A Sanders Fred Sanders D/B/A/ Sanders Brooklyn, NY 11238 5 of 6
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