SMS Financial Strategic Investments III, LLC v. 249 West 49th Street, LLC et al
Plaintiff: SMS Financial Strategic Investments III, LLC
Defendant: 249 West 49th Street, LLC, Sheeli Aggarwal, Thomas Burke, Frank McCole, 49th Street Restaurant, LLC, New York City Department of Transportation, New York City Department of Finance, Vahan Cakir, Cakir Construction, John Doe and Mary Doe
Case Number: 1:2021cv10884
Filed: December 20, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2022 Filing 21 NOTICE OF INITIAL PRETRIAL CONFERENCE: This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Initial Conference set for 4/22/2022 at 11:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 3/31/2022) (tg)
March 24, 2022 Filing 20 ANSWER to #1 Complaint,,. Document filed by 49th Street Restaurant, LLC, Thomas Burke, Frank McCole. (Attachments: #1 Rule 7.1 Statement).(Trief, Ted)
March 14, 2022 Filing 19 ANSWER to #1 Complaint,,. Document filed by Vahan Cakir, Cakir Construction..(Morian, Armen)
March 14, 2022 Filing 18 NOTICE OF APPEARANCE by Armen Morian on behalf of Vahan Cakir, Cakir Construction..(Morian, Armen)
March 7, 2022 Filing 17 ANSWER to #1 Complaint,,. Document filed by 249 West 49th Street, LLC, 49th Street Restaurant, LLC, Sheeli Aggarwal..(Schwartzman, Jonathan)
January 27, 2022 Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Thomas Burke waiver sent on 1/13/2022, answer due 3/14/2022. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Frank McCole waiver sent on 1/13/2022, answer due 3/14/2022. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. 49th Street Restaurant, LLC waiver sent on 1/13/2022, answer due 3/14/2022. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Sheeli Aggarwal served on 1/26/2022, answer due 2/16/2022. Service was made by MAIL. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Department of Transportation served on 1/7/2022, answer due 1/28/2022. Service was accepted by Danny Garcia. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. New York City Department of Finance served on 1/7/2022, answer due 1/28/2022. Service was accepted by Dwight Spencer. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Cakir Construction served on 1/15/2022, answer due 2/7/2022. Service was accepted by Arpin Cakir. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Vahan Cakir served on 1/15/2022, answer due 2/7/2022. Service was accepted by Arpin Cakir. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
January 27, 2022 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,,. 249 West 49th Street, LLC served on 1/26/2022, answer due 2/16/2022. Service was accepted by Mary Dougherty - Office of Secretary of State. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
December 27, 2021 Filing 7 ELECTRONIC SUMMONS ISSUED as to 249 West 49th Street, LLC, 49th Street Restaurant, LLC, Sheeli Aggarwal, Thomas Burke, Vahan Cakir, Cakir Construction, Frank McCole, New York City Department of Finance, New York City Department of Transportation..(gp)
December 27, 2021 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to 249 WEST 49TH STREET, LLC, SHEELI AGGARWAL, as Administrator of the Estate of Rakesh K. Aggarwal,THOMAS BURKE,FRANK McCOLE, 49TH STREET RESTAURANT, LLC, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF FINANCE, VAHAN CAKIR, CAKIR CONSTRUCTION, re: #1 Complaint,,. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
December 22, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan M. Robbin to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title is incorrect (49 West 49th Street, LLC). List the first listed Defendant followed by et al.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
December 21, 2021 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 249 WEST 49TH STREET, LLC, SHEELI AGGARWAL, as Administrator of the Estate of Rakesh K. Aggarwal,THOMAS BURKE,FRANK McCOLE, 49TH STREET RESTAURANT, LLC, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF FINANCE, VAHAN CAKIR, CAKIR CONSTRUCTION, re: #1 Complaint,,. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan) Modified on 12/22/2021 (pc).
December 21, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
December 21, 2021 Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
December 21, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan M. Robbin to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'As to' docket entry text was omitted, please enter all the names on the entry who the summons is being issued to. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (gp)
December 21, 2021 Case Designated ECF. (gp)
December 20, 2021 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to See Attached Rider, re: #1 Complaint,,. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan) Modified on 12/21/2021 (gp).
December 20, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SMS Financial Strategic Investments III, LLC..(Robbin, Jonathan)
December 20, 2021 Filing 2 CIVIL COVER SHEET filed..(Robbin, Jonathan)
December 20, 2021 Filing 1 COMPLAINT against 249 West 49th Street, LLC, 49th Street Restaurant, LLC, Sheeli Aggarwal, Thomas Burke, Vahan Cakir, Cakir Construction, John Doe, Mary Doe, Frank McCole, New York City Department of Finance, New York City Department of Transportation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25490286)Document filed by SMS Financial Strategic Investments III, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Robbin, Jonathan)

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Plaintiff: SMS Financial Strategic Investments III, LLC
Represented By: Jonathan M. Robbin
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Defendant: 249 West 49th Street, LLC
Represented By: Jonathan B. Schwartzman
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Defendant: Sheeli Aggarwal
Represented By: Jonathan B. Schwartzman
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Defendant: Thomas Burke
Represented By: Ted E. Trief
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Defendant: Frank McCole
Represented By: Ted E. Trief
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Defendant: 49th Street Restaurant, LLC
Represented By: Ted E. Trief
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Defendant: New York City Department of Transportation
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Defendant: New York City Department of Finance
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Defendant: Vahan Cakir
Represented By: Armen Morian
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Defendant: Cakir Construction
Represented By: Armen Morian
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Defendant: John Doe
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Defendant: Mary Doe
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