Romano v. Triborough Energy Corp et al
| Louis Romana and Louis Romano |
| Triborough Energy Corp, Berisha, Larry Berisha, Adminstrator Dushe Berisha, Triborough Energy Corp., Dushe Berisha and The Real Property Located at 815 Mace Avenue, Bronx, New York 10467 |
| Alex Berisha, Gjeste Berisha and Real Property 815 Mace Avenue |
| 1:2022cv00463 |
| January 19, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 pm Diversity: Promissory Note |
| None |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
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Filing 45
ORDER with respect to #43 Motion to Dismiss; with respect to #44 Motion to Dismiss. WHEREAS on March 8, 2022, Defendants filed motions to dismiss the complaint, Dkts. 43, 44; IT IS HEREBY ORDERED that any response in opposition to the motions is due no later than Friday, April 8, 2022 and any reply in support is due no later than Friday, April 22, 2022. The Court reminds Plaintiff that in lieu of responding to the motions to dismiss, Plaintiff may file an amended complaint in line with Rule 4(E)(i) of the undersigned's Individual Practices in Civil Cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/9/2022) (tg)
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Set/Reset Deadlines: Responses due by 4/8/2022 Replies due by 4/22/2022. (tg)
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Filing 44
FIRST MOTION to Dismiss Complaint as to Dushe Berisha and Fifth Cause of Action against Triborough Energy Corp.. Document filed by Dushe Berisha, Triborough Energy Corp.. Responses due by 4/1/2022 Return Date set for 4/8/2022 at 09:30 AM. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration of David Simon, #3 Affidavit Declaration of Dushe Berisha, #4 Exhibit Exh 1 - Complaint, #5 Affidavit Affidavit of Service).(Simon, David)
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Filing 43
FIRST MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6). Document filed by Alex Berisha, Gjeste Berisha, Larry Berisha, The Real Property Located at 815 Mace Avenue, Bronx, New York 10467. Responses due by 3/22/2022 Return Date set for 3/29/2022 at 09:30 AM. (Attachments: #1 Memorandum of Law, #2 Declaration of Mark L. Cortegiano, Esq., #3 Exhibit A - Complaint, #4 Exhibit B - Deed).(Cortegiano, Mark)
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Filing 42
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Triborough Energy Corp...(Simon, David)
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Filing 41
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties in the above-entitled action, that Defendants Triborough Energy Corp. and Dushe Berisha ("Defendants") admit service of process of the Summons and Complaint in the above-entitled action and agree not to raise the affirmative defense of lack of personal jurisdiction. The time for Defendants to serve an answer or move to dismiss the Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure is hereby extended through and including March 8, 2022. This stipulation may be executed in counterparts and exchanged via e-mail or by other electronic means as provided in the Court's ECF rules. This stipulation may be e-filed without further notice. Defendants Triborough Energy Corp. and Dushe Berisha's time to answer, move, or otherwise respond to the Complaint is hereby adjourned to Tuesday, March 8, 2022. SO ORDERED., Dushe Berisha answer due 3/8/2022; Triborough Energy Corp. answer due 3/8/2022., Motions terminated: #40 CONSENT LETTER MOTION for Extension of Time to File Answer re: #34 Summons Issued, #33 Summons Issued with Stipulation to be So Ordered, addressed to Judge Valerie E. Caproni from David Simon dated February 24, 2022. filed by Triborough Energy Corp., Dushe Berisha. (Signed by Judge Valerie E. Caproni on 2/24/2022) (ama)
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Filing 40
CONSENT LETTER MOTION for Extension of Time to File Answer re: #34 Summons Issued, #33 Summons Issued with Stipulation to be So Ordered, addressed to Judge Valerie E. Caproni from David Simon dated February 24, 2022. Document filed by Dushe Berisha, Triborough Energy Corp.. (Attachments: #1 Exhibit).(Simon, David)
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Filing 39
STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties in the above-entitled action, that: Defendants, Larry Berisha, Alex Berisha, and Gjeste Berisha (collectively "Defendants"), in the above-entitled action (the "Action") admit service of process of the Summons and Complaint in the Action and agree not to raise the affirmative defense of lack of personal jurisdiction. The time for the Defendants to serve an answer or move to dismiss the Complaint in the Action under Rule 12 of the Federal Rules of Civil Procedure is hereby extended through and including March 8, 2022. Defendants Larry Berisha, Alex Berisha, and Gjeste Berisha's time to answer, move, or otherwise respond to the Complaint is hereby adjourned to Tuesday, March 8, 2022. SO ORDERED. Alex Berisha answer due 3/8/2022; Gjeste Berisha answer due 3/8/2022; Larry Berisha answer due 3/8/2022. (Motions due by 3/8/2022.) Motions terminated: #38 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #30 Summons Issued, #31 Summons Issued, #32 Summons Issued WITH STIPULATION TO BE SO-ORDERED addressed to Judge Valerie E. Caproni from Mark L. Cortegiano, filed by Larry Berisha, Gjeste Berisha, Alex Berisha. (Signed by Judge Valerie E. Caproni on 2/7/2022) (mml)
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Filing 38
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, #30 Summons Issued, #31 Summons Issued, #32 Summons Issued WITH STIPULATION TO BE SO-ORDERED addressed to Judge Valerie E. Caproni from Mark L. Cortegiano, Esq. dated February 17, 2022. Document filed by Alex Berisha, Gjeste Berisha, Larry Berisha. (Attachments: #1 Exhibit Stipulation Extending time to file Answer to March 8, 2022).(Cortegiano, Mark)
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Magistrate Judge Jennifer Willis is so redesignated. (sjo)
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Filing 37
NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 0463. Initial Conference set for 3/25/2022 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/26/2022) (tg)
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Filing 36
ELECTRONIC SUMMONS ISSUED as to The Real Property Located at 815 Mace Avenue, Bronx, New York 10467..(gp)
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Filing 35
REQUEST FOR ISSUANCE OF SUMMONS as to The Real Property Located at 815 Mace Bronx NY 10467, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 34
ELECTRONIC SUMMONS ISSUED as to Triborough Energy Corp...(pc)
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Filing 33
ELECTRONIC SUMMONS ISSUED as to Dushe Berisha..(pc)
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Filing 32
ELECTRONIC SUMMONS ISSUED as to Alex Berisha..(pc)
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Filing 31
ELECTRONIC SUMMONS ISSUED as to Larry Berisha..(pc)
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Filing 30
ELECTRONIC SUMMONS ISSUED as to Gjeste Berisha..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Loren Barrack to RE-FILE Document No. #29 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name must exactly match how it is listed on the Complaint caption title. 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)
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Filing 29
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Real Property 815 Mace Avenue Bronx NY, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David) Modified on 1/25/2022 (pc).
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Filing 28
REQUEST FOR ISSUANCE OF SUMMONS as to Gjeste Berisha, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 27
REQUEST FOR ISSUANCE OF SUMMONS as to Larry Berisha, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 26
REQUEST FOR ISSUANCE OF SUMMONS as to Dushe Berisha, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to Alex Berisha, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to Triborough Energy Corp., re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David)
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Filing 23
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Larry Berisha, re: #1 Complaint. Document filed by Louis Romano. (Attachments: #1 Exhibit Complaint).(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 22
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Real Property, re: #1 Complaint,. Document filed by Louis Romano. (Attachments: #1 Exhibit Complaint).(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 21
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Gjeste Berisha, re: #1 Complaint,. Document filed by Louis Romano..(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 20
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Dushe Berisha, re: #1 Complaint. Document filed by Louis Romano. (Attachments: #1 Exhibit Complaint).(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 19
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Alex Berisha, re: #1 Complaint. Document filed by Louis Romano. (Attachments: #1 Exhibit Complaint).(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 18
FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Triborough Energy Corp., re: #1 Complaint,. Document filed by Louis Romano. (Attachments: #1 Exhibit Complaint).(Barrack, David) Modified on 1/24/2022 (vf).
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Filing 17
LETTER addressed to Judge Vincent L. Briccetti from David L. Barrack dated 1/24/2022 re: Consent to Reassignment to Manhattan. Document filed by Louis Romano..(Barrack, David)
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NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Vincent L. Briccetti is no longer assigned to the case. (aea)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Loren Barrack to RE-FILE Document No. #21 Request for Issuance of Summons, #18 Request for Issuance of Summons, #22 Request for Issuance of Summons, #20 Request for Issuance of Summons, #19 Request for Issuance of Summons, #23 Request for Issuance of Summons. The filing is deficient for the following reason(s): Attach Summons PDF Form only. Docket Entry Error for Request #22 . Enter the full party name as to whom summons is being issued for when prompted in ECF. 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. (vf)
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Magistrate Judge Kevin Nathaniel Fox is so redesignated. (aea)
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Filing 16
ORDER: Accordingly, by January 28, 2022, plaintiff's counsel shall submit a letter explaining in detail why the case is properly designated for assignment to the White Plains courthouse under Rule 18 or acknowledging that it should be reassigned to the Manhattan courthouse. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/21/2022) (mml)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Loren Barrack to RE-FILE Document No. #11 Request for Issuance of Summons, #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #10 Request for Issuance of Summons, #15 Request for Issuance of Summons, #14 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; Filing Court not indicated on PDF; caption error; all Defendants must be listed in the caption, if they do not fit, list leading Defendant first 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. (sj)
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Filing 15
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Real Property 815 Mace Ave, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 14
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Larry Berisha, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 13
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Alex Berisha, re: #1 Complaint. Document filed by Louis Romano..(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 12
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Gjeste Berisha, re: #1 Complaint. Document filed by Louis Romano..(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 11
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Dushe Berisha, re: #1 Complaint. Document filed by Louis Romano..(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 10
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Triborough Energy Corp., re: #1 Complaint. Document filed by Louis Romano..(Barrack, David) Modified on 1/21/2022 (sj).
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Filing 9
CIVIL COVER SHEET filed..(Barrack, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Loren Barrack to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Nature of Suit Error. Multiple Nature of Suits selected on Form. Place an [X] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Loren Barrack re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Loren Barrack. The party information for the following party/parties has been modified: Louis Romana, 815 Mace Avenue, Alex Berisha, Dushe Berisha, Gjeste Berisha, Larry Berisha, Triborough Energy Corp. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted; party name entered incorrectly. (vf)
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney David Loren Barrack. The following party/parties has been removed from this case: Berisha. The party was added to the case in error. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Loren Barrack to RE-FILE Document No. #5 Request for Issuance of Summons, #8 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Error. Defendant party name error in defendant section of summons caption, party name not viewable. Filing Court title not provided. 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. (vf)
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Case Designated ECF. (vf)
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Magistrate Judge Andrew E. Krause 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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Loren Barrack. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code Bronx. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to XX Out of State. (vf)
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Filing 8
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Real Property 815 Mace Avenue, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 7
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Larry Berisha, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 6
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Gjeste Berisha, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 5
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Triborough Energy Corp., re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 4
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Dushe Berisha, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 3
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Alex Berisha, re: #1 Complaint. Document filed by Louis Romano.(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Barrack, David) Modified on 1/20/2022 (vf).
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Filing 1
COMPLAINT against The Real Property Located at 815 Mace Avenue, Bronx, New York 10467, Alex Berisha, Dushe Berisha, Gjeste Berisha, Larry Berisha, Triborough Energy Corp. (Filing Fee $ 402.00, Receipt Number ANYSDC-25602051)Document filed by Louis Romano.(Barrack, David)
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