LMREC III Note Holder, Inc. v. Hudson EFT LLC et al
| LMREC III Note Holder, Inc. |
| Upper Restoration, Inc., John Doe, Shawn's Lawns Inc., Hugo Subotovsky, William Clarke, Bridge Mechanical Corporation, Noble Elevator Company Inc., Geberth Electric Inc., VSP Mechanical Inc., Samuel Gaccione, Hudson EFT LLC, Guido Subotovsky and GAC Builders Ltd. |
| Andrew L. Herz |
| 7:2020cv05063 |
| July 1, 2020 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 rp |
| None |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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Filing 64
PROPOSED ORDER. Document filed by Andrew L. Herz. Related Document Number: #63 ..(Driscoll, Michael) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 63
LETTER addressed to Judge Kenneth M. Karas from Andrew L. Herz dated August 28, 2020 re: Proposed Order Appointing Counsel for Receiver. Document filed by Andrew L. Herz..(Driscoll, Michael)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #64 Proposed Order was reviewed and approved as to form. (dt)
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Filing 62
OATH of Receiver Andrew L. Herz . Document filed by LMREC III Note Holder, Inc...(Driscoll, Michael)
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Filing 61
NOTICE of Receiver's Bond re: #59 Order Appointing Receiver,,,,. Document filed by LMREC III Note Holder, Inc...(Driscoll, Michael)
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Filing 60
NOTICE OF INTERLOCUTORY APPEAL from #59 Order Appointing Receiver,,,,. Document filed by Hudson EFT LLC, Guido Subotovsky, Hugo Subotovsky. Filing fee $ 505.00, receipt number ANYSDC-21321521. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Rosen, Gary)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #60 Notice of Interlocutory Appeal, filed by Hudson EFT LLC, Hugo Subotovsky, Guido Subotovsky were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #60 Notice of Interlocutory Appeal. (tp)
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Filing 59
ORDER APPOINTING RECEIVER: Upon the Declarations of Wallace O. Sellers Jr., sworn to the 9th day of July 2020 and Robert S. Friedman, sworn to the 9th day of July 2020, and the Memorandum of Law in Support of Plaintiff LMREC III Note Holder, Inc.'s ("Plaintiff") Motion for Appointment of a Receiver ("Motion"), it is hereby ORDERED, that 1. The appointment of a receiver for the Property is proper for good cause shown. 2. Andrew L. Herz (the "Receiver") has the necessary qualifications and experience, is not an attorney for or related to any party to this action and is a proper person to be the receiver in this action. 3. The Receiver is hereby appointed to act as receiver with respect to the Property and the personal property related thereto, as further set forth in this Order. Also, Plaintiff is to file proof of authorization to do business in New York, or explain why it need not do so, by 9/4/20. After that, the Parties are to submit a proposed briefing schedule regarding Defendants' proposed Motion to Dismiss by 9/11/20. So Ordered. Andrew L. Herz appointed Receiver. (Signed by Judge Kenneth M. Karas on 8/21/2020) (mml)
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Minute Entry for proceedings held before Judge Kenneth M. Karas: Oral Argument held via teleconference on 8/21/2020.Robert Friedman, Michael Driscoll, and Sophia Cahill appeared on behalf of Plaintiff. Gary Rosen appeared on behalf of Defendants Hudson EFT LLC, Guido Subotovsky, and Hugo Subotovsky. Proposed Receiver Andrew Herz also appeared. Angela O'Donnell served as court reporter. Oral arguments were made on Plaintiff's Motion for Appointment of a Receiver. (Dkt. No. 32.) Plaintiff's Motion is granted for the reasons stated on the record. (See Order.) The Parties may request a transcript of the record. Plaintiff is to file proof of authorization to do business in New York, or explain why it need not do so, by 9/4/2020. The Parties are to submit a proposed briefing schedule for Defendants' Motion to Dismiss by 9/11/2020. (BKJ)
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Filing 58
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on VSP Mechanical Inc. on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 57
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on Upper Restoration, Inc. on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 56
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on Noble Elevator Company Inc. on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 55
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on Geberth Electric Inc. on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 54
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on GAC Builders Ltd. on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 53
AFFIDAVIT OF SERVICE of Commencement documents and Executed Order to Show Cause with all documents filed in support served on Bridge Mechanical Corporation on August 12, 2020. Service was accepted by NY Secretary of State. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 52
AFFIDAVIT OF SERVICE of Executed Order to Show Cause with all documents filed in support served on Guido Subotovsky, Hugo Subotovsky, William Clarke, Samuel Gaccione, and Hudson EFT LLC on August 10, 2020. Service was made by Certified Mail. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 51
REPLY AFFIRMATION of Wallace O. Sellers Jr. in Support re: #49 Reply Memorandum of Law in Support. Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Friedman, Robert)
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Filing 50
REPLY AFFIRMATION of Robert S. Friedman in Support re: #49 Reply Memorandum of Law in Support. Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Friedman, Robert)
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Filing 49
REPLY MEMORANDUM OF LAW in Support re: #32 Proposed Order to Show Cause Without Emergency Relief . Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 48
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hudson EFT LLC..(Rosen, Jared)
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Filing 47
LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Robert S. Friedman dated August 17, 2020 re: #43 LETTER MOTION for Conference re: #1 Complaint,, LETTER TO PLAINTIFF'S COUNSEL PURSUANT TO JUDGE KARAS' INDIVIDUAL PART RULE II(A) PRIOR TO A PRE-MOTION CONFERENCE FOR A MOTION TO DISMISS THE COMPLAINT ON BEHALF OF DEFENDANTS HUDSON . Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Friedman, Robert)
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Filing 46
DECLARATION of GUIDO SUBOTOVSKY in Opposition re: #43 LETTER MOTION for Conference re: #1 Complaint,, LETTER TO PLAINTIFF'S COUNSEL PURSUANT TO JUDGE KARAS' INDIVIDUAL PART RULE II(A) PRIOR TO A PRE-MOTION CONFERENCE FOR A MOTION TO DISMISS THE COMPLAINT ON BEHALF OF DEFENDANTS HUDSON. Document filed by Hudson EFT LLC, Guido Subotovsky, Hugo Subotovsky. (Attachments: #1 Exhibit Friedman declaration, #2 Exhibit NY Executive Law 202.28, #3 Exhibit NY Executive Law 202.48, #4 Exhibit NY Executive Law 202.55.1, #5 Memo of Law in Opposition).(Rosen, Gary)
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Filing 45
NOTICE OF TELECONFERENCE INFORMATION: For the week of August 17, 2020, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/14/2020) (jca)
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Set/Reset Hearings: Telephone Conference set for 8/21/2020 at 11:30 AM before Judge Kenneth M. Karas. (jca)
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Filing 44
NOTICE OF APPEARANCE by Sophia Louise Cahill on behalf of LMREC III Note Holder, Inc...(Cahill, Sophia)
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Filing 43
LETTER MOTION for Conference re: #1 Complaint,, LETTER TO PLAINTIFF'S COUNSEL PURSUANT TO JUDGE KARAS' INDIVIDUAL PART RULE II(A) PRIOR TO A PRE-MOTION CONFERENCE FOR A MOTION TO DISMISS THE COMPLAINT ON BEHALF OF DEFENDANTS HUDSON EFT LLC, GUIDO SUBOTOVSKY AND HUGO SUBOTOVSKY addressed to Judge Kenneth M. Karas from GARY ROSEN, ESQ. dated AUGUST 10 2020. Document filed by Hudson EFT LLC, Guido Subotovsky, Hugo Subotovsky..(Rosen, Gary)
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Filing 42
PROPOSED ORDER. Document filed by LMREC III Note Holder, Inc.. Related Document Number: #41 ..(Friedman, Robert) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 41
ORDER TO SHOW CAUSE: It is ORDERED, that the above named Defendants show cause before a motion term of this Court, located at 300 Quarropas Street White Plains, New York, 10601, on 8/21/, 2020 at 11:30 0' clock in the, thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Fed. R. Civ. P. 66 appointing a receiver to take control of the property located at 80 Main Street, Ossining, New York; and it is further ORDERED, that service of a copy of this order, together with copies of all documents filed in support of the Motion, upon Defendants or their counsel before 8/11/2020 at 4:00 o clock in the, shall be deemed good and sufficient service thereof; and it is further ORDERED, that any opposition to Plaintiff's motion be electronically filed on or before 8/14/, 2020 at 4:00 o'clock in the, thereof; and it is further ORDERED, that any reply to Defendants' oppositions to Plaintiff's motion be electronically filed on or before 8/19, 2020, at 4:00 o'clock in the, thereof. (Show Cause Hearing set for 8/21/2020 at 11:30 AM before Judge Kenneth M. Karas.), (Responses due by 8/14/2020, Replies due by 8/19/2020.) (Signed by Judge Kenneth M. Karas on 8/7/2020) (jca)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #42 Proposed Order was reviewed and approved as to form. (dt)
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Filing 40
NOTICE OF APPEARANCE by Gary Scott Rosen on behalf of Hudson EFT LLC, Guido Subotovsky, Hugo Subotovsky..(Rosen, Gary)
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Filing 39
NOTICE OF APPEARANCE by Jared Michael Rosen on behalf of Hudson EFT LLC, Guido Subotovsky, Hugo Subotovsky..(Rosen, Jared)
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Filing 38
STIPULATION TO EXTENT TIME TO ANSWER OR OTHERWISE MOVE: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that time for Defendants HUDSON EFT LLC, GUIDO SUBOTOVSKY, and HUGO SUBOTOVSKY to serve an answer or otherwise move against Plaintiffs Complaint herein is extended up to and including August 14, 2020. SO ORDERED. Motions terminated: #37 MOTION for Extension of Time to File Answer re: #1 Complaint,, by Stipulation to be So Ordered. filed by VSP Mechanical Inc., Noble Elevator Company Inc., Hudson EFT LLC, Hugo Subotovsky, Upper Restoration, Inc., Shawn's Lawns Inc., Guido Subotovsky. (Signed by Judge Kenneth M. Karas on 8/5/2020) (jca)
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Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to File Answer re: #1 Complaint,, by Stipulation to be So Ordered. Document filed by Hudson EFT LLC, Noble Elevator Company Inc., Shawn's Lawns Inc., Guido Subotovsky, Hugo Subotovsky, Upper Restoration, Inc., VSP Mechanical Inc...(Rosen, Gary) Modified on 8/17/2020 (lb).
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Filing 36
SUMMONS RETURNED EXECUTED Summons and Complaint,, served. William Clarke served on 7/15/2020, answer due 8/5/2020; Samuel Gaccione served on 7/15/2020, answer due 8/5/2020; Hudson EFT LLC served on 7/15/2020, answer due 8/5/2020; Guido Subotovsky served on 7/15/2020, answer due 8/5/2020; Hugo Subotovsky served on 7/15/2020, answer due 8/5/2020. Service was made by Mail. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #32 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
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Filing 35
DECLARATION of Robert S. Friedman in Support re: #32 Proposed Order to Show Cause Without Emergency Relief. Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A (Part 1 of 4), #2 Exhibit A (Part 2 of 4), #3 Exhibit A (Part 3 of 4), #4 Exhibit A (Part 4 of 4), #5 Exhibit B).(Friedman, Robert)
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Filing 34
DECLARATION of Wallace O. Sellers Jr. in Support re: #32 Proposed Order to Show Cause Without Emergency Relief. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 Proposed Order to Show Cause Without Emergency Relief for Appointment of Receiver. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 32
PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 31
NOTICE OF APPEARANCE by Michael T. Driscoll on behalf of LMREC III Note Holder, Inc...(Driscoll, Michael)
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Filing 30
NOTICE OF APPEARANCE by Ira Martin Schulman on behalf of LMREC III Note Holder, Inc...(Schulman, Ira)
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Filing 29
NOTICE OF LIS PENDENS. Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A).(Friedman, Robert)
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Filing 28
NOTICE OF LIS PENDENS. Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A).(Friedman, Robert)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Upper Restoration, Inc.(gp)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Bridge Mechanical Corporation..(gp)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to GAC Builders Ltd.(gp)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to Shawn's Lawns Inc.(gp)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to VSP Mechanical Inc...(gp)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Geberth Electric Inc. (gp) Modified on 7/2/2020 (gp).
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Noble Elevator Company gp) Modified on 7/2/2020 (gp).
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Filing 20
ELECTRONIC SUMMONS ISSUED as to William Clarke..(gp)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Hugo Subotovsky..(gp)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Samuel Gaccione..(gp)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Guido Subotovsky..(gp)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Hudson EFT LLC. (gp)
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Case Designated ECF. (gp)
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Magistrate Judge Paul E. Davison 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to Upper Restoration, Inc., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 14
REQUEST FOR ISSUANCE OF SUMMONS as to Bridge Mechanical Corporation, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to GAC Builders Ltd., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Geberth Electric Inc., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to VSP Mechanical Inc., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Shawn's Lawns Inc., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Noble Elevator Company Inc., re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to William Clarke, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Hugo Subotovsky, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Samuel Gaccione, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Guido Subotovsky, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Hudson EFT LLC, re: #1 Complaint,,. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Latitude Management Real Estate Capital III, Inc. for LMREC III Note Holder, Inc.. Document filed by LMREC III Note Holder, Inc...(Friedman, Robert)
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Filing 2
CIVIL COVER SHEET filed..(Friedman, Robert)
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Filing 1
COMPLAINT against Bridge Mechanical Corporation, William Clarke, John Doe, GAC Builders Ltd., Samuel Gaccione, Geberth Electric Inc., Hudson EFT LLC, Noble Elevator Company Inc., Shawn's Lawns Inc., Guido Subotovsky, Hugo Subotovsky, Upper Restoration, Inc., VSP Mechanical Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20515057)Document filed by LMREC III Note Holder, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Declaration of Robert S. Friedman).(Friedman, Robert)
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