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INDEX NO. 100773/2012
`
`FILED: NEW YORK COUNTY CLERK 04/04/2018 03:55 PM
`
`
`
`
`
`
`NYSCEF DOC. NO. 23
`RECEIVED NYSCEF: 04/04/2018
`@SCEF DOC. NO. 23
`c.«IV«.D NYSCEF: 04/04/2018
`
`AtllAS Part 7 of the Supreme Court of the
`State of New York, held in and for the
`County of New York at
`the County
`Courthouse, 60 Centre Street, New York,
`New York on the 3
`th day of April,
`2018
`
`PRESENT: Hon. Gerald Lebovits
`Justice of the Supreme Court
`
`,
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`"""""""""""""""""""""""""""""""""""""" x
`DANIEL ROCK,
`
`'
`
`,
`
`Plaintiff,
`-against-
`
`AWARD PUBLISHING LIMITED,
`
`Defendant.
`-------------------------------------------------------
`
`.
`
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`2
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`‘
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`‘
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`_
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`Index No. 100773/12
`ORDER TO SHOW CAUSE
`AND
`TEMPORARY RESTRAINT
`'
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`
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`UPON the reading and filing of the annexed Declaration of Michele Gugich,
`executed onm, 2018, and the exhibits attached thereto, and upon all pleadings and
`
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`0? MY mag:
`proceedings heretofore had herein,
`Let plaintiff Daniel Rock and defendant Award Publishing Limitedhshow cause
`
`before Honorable Gerald Lebovits, Justice of the Supreme Court of the State of New York,
`County of New York, at IAS Part 7, Room 345, of this Court, at the Courthouse, 60 Centre
`Street, New York, N.Y., on the
`2,8 1} day of JUNE
`, 2018, at
`&I‘ ( { o’clock in them noon or as soon as the parties to this proceeding may be heard
`why an order should not be issued, pursuant to CPLR 2214, 6301, 6311, restraining HSBC fiom
`
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`INDEX NO. 100773/2012
`FILED: NEW YORK COUNTY CLERK 04/04/2018 03:55 PM
`
`
`
`
`
`
`
`
`NYSCEF DOC. NO. 23
`R«C«IV«D NYSCEF: 04/04/2018
`NYSCEF DOC. NO. 23
`RECEIVED NYSCEF: 04/04/2018
`
`paying or turning over to the sheriff pursuant to a restraining notice on an account of Award
`
`Publishing Limited, the amount of $30,000 that was mistakenly transferred to Award Publishing
`
`Limited by Wendy Pye Publishing Limited, and (ii) authorizing HSBC to reverse an erroneous
`
`transfer of $30,000 by Wendy Pye Publishing Limited to an account of defendant Award
`
`Publishing Limited, and such other and further relief as may to the court seem just and proper.
`
`§ §
`
`‘
`
`AND, it being alleged that immediate injury, loss or damage will result to non-
`
`party Wendy Pye Publishing Limited before notice can berserved and hearing can be had, it is
`E
`
`ORDERED that, pursuant to CPLR 6313, pending the hearing of this Order to
`
`Show Cause, HSBC is temporarily restrained from paying plaintiff or turning over to the sheriff
`
`a:
`
`
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`pursuant to a restraining notice on an account of Award Publishing Limited, the amount of
`§30,000 that was mistakenly transferred to Award Publishing Limited by Wendy Pye Publishing
`0
`
`(350:?
`{7:9
`(3%
`‘27
`
`SUFFICIENT CAUSE BEING ALLEGED THEREFORE, it is
`ORDERED that service of a copy of this Order and the papers upon which it was
`ranted b Jud e Lebovits, with roof of service to be filed, u on William J. Cortellessa, Es ., of
`g
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`Counsel, William A. Hecht. P.C., 84 Business Park Drive, Suite 110, Armonk, New York 10504,
`attorneys of record for plaintiff Dan Rock, and Neil G. Sparber, Norton Rose Fulbright US LLP,
`
`1031 Avenue of the Americas, New York, New York, 10019, attorneys of record for defendant
`
`Award Publishing Limited, on or before the &%y of April 2018, be deemed good and
`sufficient service. An affidavit or other proof of service shall be presented to this Court on the
`
`return date fixed above.
`
`IT IS FURTHER ORDERED that answering papers, if any, shall be served by
`
`on Pepper Hamilton, attention Jessica Rothenberg, 620 Eighth Avenue, 3711:
`
`91475055.]
`
`- 2 -
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`2 of 3
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`

`

`INDEX NO. 100773/2012
`FILED: NEW YORK COUNTY CLERK 04/04/2018 03:55 PM
`
`
`
`
`
`
`
`NYSCEF DOC. NO. 23
`.D NYSC
`04/04/2018
`NYSCEF DOC. NO. 23
`RECEIVED NYSCEF: 04/04/2018
`
`Floor, New York, New York, 10018, counsel for non-palty Wendy Pye Publishing Limited, and
`
`filed.with the clerk on or'beforex, ION]; 3 , 2018. WWW
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