Trial Term, Part 84 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn, City and State of New York, on the ___ day of October, 2023

With respect to Defendant Alan Bell, by Order of this Court dated November 17, 2020, Plaintiff was granted leave to amend the Complaint in order to replead solely the causes of action sounding in fraud and promissory estoppel.

in promissory estoppel is dismissed due to failure to plead a clear and unambiguous promise, reliance by Plaintiff and related damages.

Nevertheless, a motion to reargue “is not designed to provide an unsuccessful party with successive opportunities to reargue issues previously decided, or to present arguments different from those originally presented” (McGill v. Goldman, 261 AD2d 593, 594 [2d Dept 1999]).

IT IS FURTHER ORDERED THAT, Defendants shall submit a Proposed Judgment to the Court for the Court’s execution by __________________.

Plaintiff’s cause of action for malicious prosecution shall remain against all named 9.

Plaintiff’s cause of action for abuse of process shall remain against all named 10.

Plaintiff’s cause of action for promissory estoppel shall remain against all named 11.

Plaintiff’s cause of action for wrongful interference with employment relationship 12.

Defendants’ motions to dismiss are denied without prejudice to renew after 3.

Trial Term, Part FO—ofthe Supreme Court of the State of New York,held in and for the County of Kings, at

City and State ofNew York, on the {9 a day of the Courthouse, located at Civic Center, Borough of Brooklyn, oS

No. Index No. BSS a [30(4 -against- - Kone Street Sy7 Hh The following papers numbered1 to read on this motion Papers Numbered Notice of Motion — Order to Show Cause and Affidavits (Affirmations) Annexed Answering Affidavit (Affirmation) Reply Affidavit (Affirmation)

Pleadings — Exhibits Stipulations — Minutes Filed Papers

hea mater wb bedGkee coleOe, rected dated (17072 For Clerks use only:

Trial Term, Part FO—ofthe Supreme Court of the State of New York,held in and for the County of Kings, at

City and State ofNew York, on the {9 a day of the Courthouse, located at Civic Center, Borough of Brooklyn, oS

No. Index No. BSS a [30(4 -against- - Kone Street Sy7 Hh The following papers numbered1 to read on this motion Papers Numbered Notice of Motion — Order to Show Cause and Affidavits (Affirmations) Annexed Answering Affidavit (Affirmation) Reply Affidavit (Affirmation)

Pleadings — Exhibits Stipulations — Minutes Filed Papers

hea mater wb bedGkee coleOe, rected dated (17072 For Clerks use only:

Atan LA.S.Trial Term, Part 84 ofthe Supreme Court ofthe State ofNew York,held in and for the County of Kings,at the Courthouse, located at Civic Center, Borough ofBrooklyn,

LESLIE WILSHER and LISA SMITH, Defendant(s ®) The following papers numbered | to read on this motion Cal.

Filed Papers After oral argument, Defendants’ Motion to Dismiss pursuant to CPLR sections 3211(a)(5) and(a)(7)is denied without prejudice.

In reply, Defendants included an affirmation authored by Bell, which he stated was being submitted on religious grounds.

Therein, Bell represented that he was now affirmingall of the statements contained in the declaration under the penalties ofperjury.

Attorneys for Defendants Supreme Gaurt of the 9tate of New yark Appellate Binisian: Second lubicial Informational Statement (Pursuant to 22 NYCRR 1250.3 Bepartment - Civil [a])

Judgment Administrative Review ¡ ¡ Declaratory ¡ Court Family ¡ Real Property (other than foreclosure) Informational Statement - Civil Estate Matters Contracts ¡ ¡ ¡ Prisoner B Torts Discipline & Parole Business ¡ ¡ Domestic O Mortgage ¡ Statutory Relationships Relations Foreclosure .

¡ Yes G No indicate Where whether appropriate, the status and if so, of jurisdiction, there the case: is any related action or proceeding now in any court of this or any other Original Proceeding ¡ ¡ Order Notice to Show Cause of Petition commencement of proceeding in the Appellate ¡ Writ Division: of Habeas Corpus Date Filed: Commenced Statute authorizing by: Court: Judge Court: Judge Choose Court (name in full): Choose Court (name in full): Proceeding Transferred2ursuant to CPLR 7804(g) County: of Transfer Order CPLR 5704 Review of Ex Parte Order: Date: Choose Countv Description of Appeal, Proceeding Dated: or Application and Statement of Issues Description: requested pursuant nature of If an appeal, and whether to CPLR 7804(g), order the ex parte briefly the motion If the appeal from.

and Order, (a)(7) dismissing for CPLR 5704 review, the grounds which denied Plaintiff's Defendants' complaint, Decision and proper.

Plaintiff(s) -against- KANE STREET sYNAGooUE, HBlDi HRUBY,RLL LESLIB WILSHER and LISA sMrTH, ROsB, ALAN BBLI.

Trial Term, Part 84of ConrtoftheState‘ofNew York, field in andfor the County: of Kings, at the ‘Courthouse, located at ‘Civie Center, Borough BfProokiya,CityandState Hon, Carolyn E. Wade -Justice

The Third Cause of Action for wrongful infliction of emotional distress is dismissed as no such tort exists.

The Sixth Cause of Action for wrongful interference with an employeerelationship is dismissed as Plaintiff failed to allege in the Verified Complaint that Defendants had knowledge of her new employment.

#2) is GRANTED TO THE EXTENTthatthe causes ofac- tion in the proposed amendéd complaint for fraud and promissory estoppel can be added against defendant ALAN BELLonly.

The branch of the motion to add the causes of action for respondeat superior and negligentinfliction of emotional distress is DENIED.

Atan LA.S,TrialTerm, Part84of Court oftheState’ofNew York, hield in-andfor the County: of ‘Kings, atthe ‘Courthouse, located at, ‘Civic Center, Borough ofBrooklyn,Cityand State Hon, .

ALANBELL, LESLIE WILSHERand LISA SMITH, Refondant(s) read on this: motion .

A motion to reargue "is After oral argument,plaintiff's motiontoreargueis granted, and, upon reargument, not designed to provide an unsuccessful party with successive opportunities to reargue issues previously decided,or to presentargumentsdifferent from those originally presented" (McGill v Goldman, 261 AD2d 593, 594 [2d Dept 1999]).

Here, the plaintiff reiterated that the various causes of action were sufficiently pleaded; yet, these claims were previously examined and decided.

Plaintiff failed to demonstrate that the Court overlooked or misapprehendedthe relevant facts or misapplied any controlling principle of law in dismissing the Complaint.

Atan LA.S.Trial Term, Part 84 ofthe Supreme Court ofthe State ofNew York,held in and for the County of Kings,at the Courthouse, located at Civic Center, Borough ofBrooklyn,

LESLIE WILSHER and LISA SMITH, Defendant(s ®) The following papers numbered | to read on this motion | Cal.

Filed Papers After oral argument, Defendants’ Motion to Dismiss pursuant to CPLR sections 3211(a)(5) and(a)(7)is denied without prejudice.

In reply, Defendants included an affirmation authored by Bell, which he stated was being submitted on religious grounds.

Therein, Bell represented that he was now affirmingall of the statements contained in the declaration under the penalties ofperjury.