Thomas v. 209-219 W. 38 LLC et al
Plaintiff: Terrell Thomas
Defendant: 209-219 W. 38 LLC and West 38 Kosher Deli Inc.
Case Number: 1:2022cv09848
Filed: November 18, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12188 Americans With Disabilities Act - Civil Enforcement Actions
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2023 Opinion or Order Filing 56 ORDER terminating #51 Letter Motion to Reopen Case; granting #55 Letter Motion for Extension of Time to File. Application GRANTED. Any application to restore this action shall be filed by September 29, 2023. No further extensions will be granted absent extraordinary circumstances. The conference scheduled for September 13, 2023, is canceled. The Clerk of Court is respectfully directed to close the motions at Dkts. 51 and 55.. (Signed by Judge Lorna G. Schofield on 9/1/2023) (jca)
August 31, 2023 Filing 55 LETTER MOTION for Extension of Time to File Stipulation of Dismissal addressed to Judge Lorna G. Schofield from Robert G. Hanski dated August 31, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
August 28, 2023 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Leave to File Document. The parties shall file another status letter by August 31, 2023, about the status of settlement negotiations. The conference scheduled for September 6, 2023, is adjourned to September 13, 2023, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and use the access code 558-3333. So Ordered. (Signed by Judge Lorna G. Schofield on 8/28/2023) (jca)
August 28, 2023 Set/Reset Hearings: Telephone Conference set for 9/13/2023 at 04:00 PM before Judge Lorna G. Schofield. (jca)
August 25, 2023 Filing 53 LETTER MOTION for Leave to File Updated Status Letter by August 31, 2023 addressed to Judge Lorna G. Schofield from Robert G. Hanski dated August 25, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
August 21, 2023 Opinion or Order Filing 52 ORDER with respect to #51 Letter Motion to Reopen Case. The parties shall meet and confer and, by August 25, 2023, the parties shall file a joint letter with proposed next steps in this action. A telephone conference will be held on September 6, 2023, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and use the access code 558-3333. So Ordered. (Signed by Judge Lorna G. Schofield on 8/18/2023) (rro)
August 21, 2023 Set/Reset Hearings: Telephone Conference set for 9/6/2023 at 04:00 PM before Judge Lorna G. Schofield. (rro)
August 17, 2023 Filing 51 LETTER MOTION to Reopen Case addressed to Judge Lorna G. Schofield from Robert G. Hanski dated August 17, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
August 9, 2023 Opinion or Order Filing 50 ORDER granting #49 Letter Motion to Substitute Attorney. So Ordered. The Clerk of Court is respectfully directed to terminate Andrew Sack's receipt of ECF notifications and to close the motion at Dkt. 49. Attorney Andrew Ross Sack terminated. (Signed by Judge Lorna G. Schofield on 8/9/2023) (mml)
August 8, 2023 Filing 49 LETTER MOTION to Substitute Attorney. Old Attorney: Andrew Sack, New Attorney: Benjamin Levine addressed to Judge Lorna G. Schofield from Benjamin Levine dated 8/8/2023. Document filed by 209-219 W. 38 LLC..(Levine, Benjamin)
July 31, 2023 Opinion or Order Filing 48 ORDER granting #47 Letter Motion for Extension of Time to File. Application GRANTED. Any application to restore this action shall be filed by August 30, 2023. No further extensions will be granted absent extraordinary circumstances.. (Signed by Judge Lorna G. Schofield on 7/31/2023) (jca)
July 28, 2023 Filing 47 THIRD LETTER MOTION for Extension of Time to File Stipulation of Dismissal addressed to Judge Lorna G. Schofield from Robert G. Hanski dated July 28, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
July 5, 2023 Opinion or Order Filing 46 ORDER granting #45 Letter Motion for Extension of Time. Application GRANTED. Application to restore this action shall be filed by July 31, 2023. Motions due by 7/31/2023. (Signed by Judge Lorna G. Schofield on 7/5/2023) (tg)
June 30, 2023 Filing 45 SECOND LETTER MOTION for Extension of Time or To Re-Open Case addressed to Judge Lorna G. Schofield from Robert G. Hanski dated June 30, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
May 31, 2023 Opinion or Order Filing 44 ORDER granting #43 Letter Motion for Extension of Time. Application GRANTED. Any application to restore this action shall be filed by June 30, 2023. Motions due by 6/30/2023. (Signed by Judge Lorna G. Schofield on 5/31/2023) (mml)
May 30, 2023 Filing 43 LETTER MOTION for Extension of Time - to File Stipulation of Dismissal - addressed to Judge Lorna G. Schofield from Robert G. Hanski dated May 30, 2023. Document filed by Terrell Thomas..(Hanski, Robert)
May 1, 2023 Opinion or Order Filing 42 ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 5/01/2023) (ama)
April 18, 2023 Opinion or Order Filing 40 ORDER granting #39 Letter Motion for Extension of Time to File Response/Reply re #39 LETTER MOTION for Extension of Time to File Response/Reply (Response to Cross Claim by 209-219 W. 38 LLC) addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated April 14, 2023. The application is untimely but nevertheless granted nunc pro tunc. Defendant West 38 Kosher Deli Inc.'s deadline to answer or otherwise respond to the crossclaims is extended to May 15, 2023. No further extensions will be granted absent extraordinary circumstances.. (Signed by Judge Lorna G. Schofield on 4/17/2023) (jca)
April 18, 2023 Set/Reset Deadlines: West 38 Kosher Deli Inc. answer due 5/15/2023. (jca)
April 14, 2023 Filing 39 LETTER MOTION for Extension of Time to File Response/Reply (Response to Cross Claim by 209-219 W. 38 LLC) addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated April 14, 2023. Document filed by West 38 Kosher Deli Inc...(Lynett, Joseph)
April 5, 2023 SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 4/24/2023 at 10:00 AM in telephone or video conference.(mnp)
April 3, 2023 Filing 38 LETTER addressed to Judge Lorna G. Schofield from Robert G. Hanski dated April 3, 2023 re: Joint Status Letter. Document filed by Terrell Thomas..(Hanski, Robert)
March 16, 2023 Opinion or Order Filing 37 ORDER granting in part #36 Letter Motion for Extension of Time to Answer re #36 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated March 15, 2023. Application granted in part. Defendant West 38 Kosher Deli Inc.'s deadline to answer or otherwise respond to the crossclaims is extended to April 13, 2023. (Signed by Judge Lorna G. Schofield on 3/16/2023) (jca)
March 16, 2023 Set/Reset Deadlines: West 38 Kosher Deli Inc. answer due 4/13/2023. (jca)
March 15, 2023 Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 3/15/2023. Mediation Status due by 4/14/2023. (mnp)
March 15, 2023 Filing 36 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated March 15, 2023. Document filed by West 38 Kosher Deli Inc...(Lynett, Joseph)
March 15, 2023 Filing 35 NOTICE OF APPEARANCE by Joseph James Lynett on behalf of West 38 Kosher Deli Inc...(Lynett, Joseph)
March 3, 2023 Filing 34 LETTER addressed to Judge Lorna G. Schofield from Andrew R. Sack dated March 3, 2023 re: Docket No. 32-1. Document filed by 209-219 W. 38 LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Sack, Andrew)
March 2, 2023 Filing 33 ANSWER to #32 Crossclaim., CROSSCLAIM against West 38 Kosher Deli Inc.. Document filed by 209-219 W. 38 LLC. (Attachments: #1 Exhibit Exhibit A - Lease, #2 Exhibit Exhibit B - Rider to Lease, #3 Exhibit Exhibit C - Second Amendment, #4 Exhibit Exhibit D - Third Amendment).(Sack, Andrew)
March 1, 2023 Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - ANSWER to #1 Complaint., CROSSCLAIM against 209-219 W. 38 LLC. Document filed by 209-219 W. 38 LLC. (Attachments: #1 Exhibit Exhibit A-Lease, #2 Exhibit Exhibit B-Lease Rider, #3 Exhibit Exhibit C-Second Amendment to Lease Properties, #4 Exhibit Exhibit D-Third Amendment to Lease).(Levine, Benjamin) Modified on 3/7/2023 (kj). As per email dated 3/2/2023 at 10:06 AM-
March 1, 2023 Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 209-219 W. 38 LLC..(Levine, Benjamin)
February 27, 2023 FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/15/2023 at 10:00 AM in telephone or video conference.(mnp)
February 9, 2023 Filing 30 ANSWER to #1 Complaint. Document filed by West 38 Kosher Deli Inc...(Lynett, Joseph)
February 9, 2023 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/24/2023.(ah)
February 6, 2023 Opinion or Order Filing 29 ORDER granting in part and denying in part #26 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint and Vacate Default Judgment addressed to Judge Lorna G. Schofield from Andrew R. Sack dated January 30, 2023. Application GRANTED in part. The Certificate of Default against Defendant209-219 W. 38 LLC at Dkt. No. 18 is vacated, and the deadline for all Defendantsto answer or otherwise respond to the Complaint is extended to March 1, 2023.The request for costs associated with making this motion is DENIED.The Clerk of Court is respectfully directed to close the motion at Dkt. No. 26. (Signed by Judge Lorna G. Schofield on 2/6/2023) (mml)
February 6, 2023 Set/Reset Deadlines: 209-219 W. 38 LLC answer due 3/1/2023; West 38 Kosher Deli Inc. answer due 3/1/2023. (mml)
February 3, 2023 Filing 28 LETTER addressed to Judge Lorna G. Schofield from Robert G. Hanski dated February 3, 2023 re: Response to Defendant's Pre-Motion Letter. Document filed by Terrell Thomas..(Hanski, Robert)
January 31, 2023 Opinion or Order Filing 27 ORDER with respect to #26 Letter Motion for Extension of Time to Answer re #26 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint and Vacate Default Judgment addressed to Judge Lorna G. Schofield from Andrew R. Sack dated January 30, 2023. Plaintiff shall file a response, not to exceed three pages, by February 3, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 1/31/2023) (tg)
January 31, 2023 Set/Reset Deadlines: Responses due by 2/3/2023 (tg)
January 30, 2023 Filing 26 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint and Vacate Default Judgment addressed to Judge Lorna G. Schofield from Andrew R. Sack dated January 30, 2023. Document filed by 209-219 W. 38 LLC..(Sack, Andrew)
January 30, 2023 Filing 25 NOTICE OF APPEARANCE by Benjamin Aaron Levine on behalf of 209-219 W. 38 LLC..(Levine, Benjamin)
January 30, 2023 Filing 24 NOTICE OF APPEARANCE by Andrew Ross Sack on behalf of 209-219 W. 38 LLC..(Sack, Andrew)
January 25, 2023 Opinion or Order Filing 23 ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by March 24, 2023. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Americans with Disabilities Act. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/8/2023. (Signed by Judge Lorna G. Schofield on 1/25/2023) (vfr)
January 25, 2023 Opinion or Order Filing 22 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties may be joined after May 2, 2023 without leave of Court. Amended pleadings may be filed without leave of Court until May 2, 2023. All fact discovery shall be completed no later than June 1, 2023. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by May 11, 2023. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than July 17, 2023. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 to 4 days. By April 3, 2023, [60 days after the commencement of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By June 15, 2023 [14 days after the close of fact discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. On August 2, 2023 at 4:00 P.M. [usually 14 days after the close of alldiscovery], a pre-motion conference will be held for any anticipated dispositivemotions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. ii. If no pre-motion letter is timely filed, this conference will be canceled and the matter placed on the Court's trial-ready calendar. The parties will be notified of the assigned trial-ready date and the filing deadlines for pretrial submissions. The parties are warned that any settlement discussions will not stay pretrial deadlines or the trial date. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. Amended Pleadings due by 5/2/2023. Joinder of Parties due by 5/2/2023. Depositions due by 5/11/2023. Fact Discovery due by 6/1/2023. Expert Discovery due by 7/17/2023. Pre-Motion Conference set for 8/2/2023 at 4:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/25/2023) (vfr)
January 25, 2023 Opinion or Order Filing 21 ORDER: It is hereby ORDERED that the February 1, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/25/2023) (vfr)
January 24, 2023 Filing 20 LETTER addressed to Judge Lorna G. Schofield from Robert G. Hanski dated January 24, 2023 re: Joint Letter. Document filed by Terrell Thomas. (Attachments: #1 Text of Proposed Order Jointly Proposed Scheduling Order).(Hanski, Robert)
January 19, 2023 Opinion or Order Filing 19 ORDER granting #17 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for January 25, 2023, is adjourned to February 1, 2023, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and use the access code 558-3333. The deadline for the parties to file the joint letter and proposed civil case management plan and scheduling order is extended to January 25, 2023, at 12:00 P.M. Initial Conference set for 2/1/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/19/2023) (mml)
January 18, 2023 Filing 18 Vacated as per Judge's Order dated 2/6/2023, Doc. # 29 CLERK'S CERTIFICATE OF DEFAULT as to 209-219 W. 38 LLC. (km) Modified on 2/6/2023 (mml).
January 18, 2023 Filing 17 LETTER MOTION to Adjourn Conference (January 25, 2023 Conference) addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated January 18, 2023. Document filed by West 38 Kosher Deli Inc...(Lynett, Joseph)
January 18, 2023 Filing 16 AFFIRMATION of Robert G. Hanski re: #15 Proposed Clerk's Certificate of Default . Document filed by Terrell Thomas. (Attachments: #1 Supplement Request for Certificate of Default).(Hanski, Robert)
January 18, 2023 Filing 15 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Terrell Thomas..(Hanski, Robert) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/18/2023 (km).
January 13, 2023 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (With Plaintiff's Counsel's Consent) addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated January 12, 2023. Application GRANTED. Defendants' deadline to answer or otherwise respond to the Complaint is extended to February 9, 2023. #1 Complaint. West 38 Kosher Deli Inc. answer due 2/9/2023. (Signed by Judge Lorna G. Schofield on 1/13/2023) (vfr)
January 12, 2023 Filing 13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint (With Plaintiff's Counsel's Consent) addressed to Judge Lorna G. Schofield from Joseph J. Lynett dated January 12, 2023. Document filed by West 38 Kosher Deli Inc.. Return Date set for 2/9/2023 at 05:00 PM..(Lynett, Joseph)
January 12, 2023 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by West 38 Kosher Deli Inc...(Lynett, Joseph)
January 12, 2023 Filing 11 NOTICE OF APPEARANCE by Joseph James Lynett on behalf of West 38 Kosher Deli Inc...(Lynett, Joseph)
December 14, 2022 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. West 38 Kosher Deli Inc. served on 12/8/2022, answer due 12/29/2022. Service was accepted by Nancy Dougherty Authorized Agent office of NY Secretary of State. Document filed by Terrell Thomas..(Hanski, Adam)
December 14, 2022 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. 209-219 W. 38 LLC served on 12/8/2022, answer due 12/29/2022. Service was accepted by Nancy Dougherty Authorized Agent office of NY Secretary of State. Document filed by Terrell Thomas..(Hanski, Adam)
December 13, 2022 Opinion or Order Filing 8 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on January 25, 2023 at 4:00p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. Initial Conference set for 1/25/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/13/2022) (mml)
November 21, 2022 Filing 7 ELECTRONIC SUMMONS ISSUED as to West 38 Kosher Deli Inc.. (sj)
November 21, 2022 Filing 6 ELECTRONIC SUMMONS ISSUED as to 209-219 W. 38 LLC. (sj)
November 21, 2022 Magistrate Judge James L. Cott 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. (sj)
November 21, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(sj)
November 21, 2022 Case Designated ECF. (sj)
November 18, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to WEST 38 KOSHER DELI INC., re: #1 Complaint. Document filed by Terrell Thomas..(Hanski, Robert)
November 18, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 209-219 W. 38 LLC, re: #1 Complaint. Document filed by Terrell Thomas..(Hanski, Robert)
November 18, 2022 Filing 3 NOTICE OF APPEARANCE by Adam Saul Hanski on behalf of Terrell Thomas..(Hanski, Adam)
November 18, 2022 Filing 2 CIVIL COVER SHEET filed..(Hanski, Robert)
November 18, 2022 Filing 1 COMPLAINT against 209-219 W. 38 LLC, West 38 Kosher Deli Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26979760)Document filed by Terrell Thomas..(Hanski, Robert)

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Plaintiff: Terrell Thomas
Represented By: Adam Saul Hanski
Represented By: Robert Gerald Hanski
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Defendant: 209-219 W. 38 LLC
Represented By: Benjamin Aaron Levine
Represented By: Andrew Ross Sack
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Defendant: West 38 Kosher Deli Inc.
Represented By: Joseph James Lynett
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