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ORDER TO SHOW CAUSE-SIGNED

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 652 (N.Y. Sup. Ct., Suffolk County Dec. 5, 2024)
UPON thc filing and rcading of thc afllrmation ol Jamcs Monlgomcry, Esq. dated Dccembcr 5.2024 and upon all prior pnrcccdings and pleadings had hcrcin, LIIT thc Plaintiffs MARIA SAUSA and AMY SAUSA, and counscl for the remaining delendants FIRST DUNES, tNC.
and IIARVIIY GESSIN, bcing'l'he [-aw Fimr of Elias C. Schwartz, PLLC, Show (-'ausc at the Central Compliance before thc Honorablc l'.F.
Whelan, Justicc ofthe Supreme Courl, Suffolk County, at the Courthouse locatcd at I Court Street, s ,2021. ut.
Permitting the law fimr Dunning Rievman & MacDonald LLP and James Montgomery to withdraw from $eir representation of plaintiffs; (ii) Staying this action lor a pcnod in thc discrction ofthc Court pursuant to CPLR Section 32 l(bX2)(6); and (iiD For such further relicf as this Coun deems just and proper.
LET servicc ofa copy of this Order, together with the papers on which it is granted, be scrved upon The Law Firm of Elias C. Schwartz, PLLC at 343 Creat Neck Road, Great \cck.NY,o2r via pYSCEtr 6iY tw oarnrw <*o( and on Maria Sausa ancl An:y Sausa at l0 Orchard Road, Demarcst, Ncw Jcrscy 07627 via l!\o^rot',Ipefu.
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ORDER TO SHOW CAUSE ( PROPOSED )

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 650 (N.Y. Sup. Ct., Suffolk County Dec. 4, 2024)
December 5, 2024 and upon all prior proceedings and pleadings had herein, LET the Plaintiffs MARIA SAUSA and AMY SAUSA, and counsel for the remaining defendants FIRST DUNES, INC. and HARVEY GESSIN, being The Law Firm of Elias C. Schwartz, PLLC, Show Cause at the Central Compliance before the Honorable T.F.
Whelan, Justice of the Supreme Court, Suffolk County, at the Courthouse located at 1 Court Street, Riverhead, New York, on the _____ day of _______________, 2024, at _______ a.m./p.m., or as soon thereafter as counsel can be heard, why an Order should not be made:
Permitting the law firm Dunning Rievman & MacDonald LLP and James Montgomery to withdraw from their representation of plaintiffs;
Staying this action for a period in the discretion of the Court pursuant to CPLR Section 321(b)(2)(6); and
LET service of a copy of this Order , together with the papers on which it is granted, be served upon The Law Firm of Elias C. Schwartz, PLLC at 343 Great Neck Road, Great Neck, NY 11021 via ______________________________________ and on Maria Sausa and Amy Sausa at 10 Orchard Road, Demarest, New Jersey 07627 via _________________________________________or before the ____ day of ____________, 2024, and such service shall be deemed good, timely and sufficient notice of this application.
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DECISION + ORDER ON MOTION

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 647 (N.Y. Sup. Ct., Suffolk County Sep. 11, 2024)
022) lo vacate the note of issue and mark this case off thc trial calendar is granted to the extent that this case is hereby marked off the trial calendar to be restored by motion; Simply stated, the plaintiffs have not provided any legal basis for this Court to order the defendants to provide copies ofall exhibits to be offered by the parties at trial.
Discovery in this action was completed and a note olissue was filed on July 20,2020, more than four years ago.
It is undisputed that the plaintiffs have an ongoing fee dispute with their lormer counsel and that former counsel has not released the plaintiffs file as a result ofthat dispute.
However, in light of the plaintiffs' predicament, it is clear that the trial scheduled to commence on October 7,2024, cawrot go forward.
Accordingly, the case is marked off the trial calendar to give the plaintiffs an opportunity to resolve their fee dispute with former counsel and obtain their file.
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DECISION + ORDER ON MOTION

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 646 (N.Y. Sup. Ct., Suffolk County Sep. 11, 2024)
022) lo vacate the note of issue and mark this case off thc trial calendar is granted to the extent that this case is hereby marked off the trial calendar to be restored by motion; Simply stated, the plaintiffs have not provided any legal basis for this Court to order the defendants to provide copies ofall exhibits to be offered by the parties at trial.
Discovery in this action was completed and a note olissue was filed on July 20,2020, more than four years ago.
It is undisputed that the plaintiffs have an ongoing fee dispute with their lormer counsel and that former counsel has not released the plaintiffs file as a result ofthat dispute.
However, in light of the plaintiffs' predicament, it is clear that the trial scheduled to commence on October 7,2024, cawrot go forward.
Accordingly, the case is marked off the trial calendar to give the plaintiffs an opportunity to resolve their fee dispute with former counsel and obtain their file.
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EXHIBIT(S) - B Order in Abrams Fensterman v. Sausa

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 643 (N.Y. Sup. Ct., Suffolk County Aug. 30, 2024)
Nonetheless, 21, 2023 (see LMWTRealty Corp. v. Davis Agency Inc., in Jur e 2022 and they did not object to the attorneys Respondents stopped paying their legal bills (see Wassermany Wasserman, 119 AD3d932, 934 [2d fees until ...
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638

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 638 (N.Y. Sup. Ct., Suffolk County Aug. 20, 2024)

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634

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 634 (N.Y. Sup. Ct., Suffolk County Aug. 19, 2024)

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632

Document Maria Sausa et al v. First Dunes, Inc. et al, 604672/2015, 632 (N.Y. Sup. Ct., Suffolk County Jul. 23, 2024)

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