`FILED' NEW YORK COUNTY CLERK 03m2018 10:10 AM
`NYSC'“F Soc
`NO
`25
`......—.._-
`
`NYSCEF DOC. NO. 25
`"
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`0'” HM
`i i i @5573 #31
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`'?
`0
`7
`INDEX NO. 651525/2017
`IND-4X NO~ 651525/2 1
`
`
`
`
`R«.C«.IV«.D \IYSC‘EP'F'fi3/30/2018
`RECEIVED NYSCEF: 03/30/2018
`
`At Individual Assignment Part 35_at
`the Supreme Court of the State of
`New York, held in and for the
`County of New York, at the
`Courthouse located at 60 Centre
`Street, New York, New York on the
`
`HON. DAVID B. COj-Isfiék day ofMarch 2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`------------------------------------------------------------------X Index No.: 651525/2017
`TURTLE ISLAND CORP.
`
`Plaintiff,
`
`ORDER TO SHOW CAUSE
`
`-against-
`
`MAISON DI PRIMA LLC, MANUELA DI PRIMA
`and FABIO DI PRIMA
`
`____________________________________________________________________X
`
`Defendants.
`
`UPON the annexed affirmation of Tracy William Boshart, Esq. dated March 8, 2018, and
`
`the annexed affidavit of defendant Manuela Di Prima sworn to on March 15th, 2018, the exhibits
`
`annexed thereto and the pleadings and proceedings heretofore had herein, it is hereby,
`
`ORDERED, that Plaintiff Turtle Island Corp., or his attorneys, show cause before this
`Court at IAS Part d, Room5 Mat the Courthouse, located at 60 Centre Street, New York,
`'
`May 2:?
`New York, on March
`, 2018 at 9:30 am, or as soon thereafter as counsel may be heard,
`
`why an Order should not be made and entered herein:
`
`a.
`
`Pursuant to CPLR §5015(a)(4) and §317z
`
`1. Vacating Defendant Maison Di Prima LLC’s default and the judgment entered
`thereupon;
`
`lof3
`1 of 3
`
`
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`FILED: NEW YORK COUNTY CLERK 03/30/2018 10:10 AM
`FILED: NEW YORK COUNTY CLERK 03m2018 10:10 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF ROC. no. 25
`m-
`
`INDEX NO. 651525/2017
`INDEX NO~ 651525/2017
`
`
`
`
`
`
`«.
`'3
`-
`2
`l8
`«
`«
`RECEIVED NYSCEF: 03/30/2018
`R .C .Iv D \IYSCrEw-QBBO/
`0
`
`4. Dismissing the proceeding for lack of personal jurisdiction;
`
`5. Extending all Defendant’s time to file an answer herein;
`
`b. Pursuant to CPLR §5015(a)( 1)
`
`1. Vacating Defendant Maison Di Prima LLC’s default and the judgment entered
`thereupon;
`
`2. Vacating Defendant Manuela Di Prima’s default and the judgment entered
`thereupon;
`
`3. Vacating Defendant Fabio Di Prima’s default;
`
`4. Dismissing the proceeding for lack of personal jurisdiction;
`
`5. Extending all Defendant’s time to file an answer herein;
`
`0. Pursuant to CPLR §5015(a)(3)
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Vacating Defendant Maison Di Prima LLC’s default and the judgment
`entered thereupon;
`
`Vacating Defendant Manuela Di Prima’s default and the judgment entered
`thereupon;
`
`Vacating Defendant Fabio Di Prima’s default;
`
`Dismissing the proceeding for lack of personal jurisdiction;
`
`Extending all Defendant’s time to file an answer herein;
`
`d. For such other and further relief as this Court deems just and proper.
`
`Sufficient cause having been alleged, it is hereby:
`
`ORDERED, that pending the hearing and determination of this motion:
`
`a.
`
`l’laintiff and the Court be stayed from any enforcement of the default
`judgment entered herein against any of the Defendants.
`
`20f3
`2 of 3
`
`
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`FILED: NEW YORK COUNTY CLERK 03/30/2018 10:10 AM
`FILED' NEW YORK COUNTY CLERK 03m2018 10:10 AM
`
`'
`m ‘
`NYSCEF DOC. NO. 25
`NYSCEF D’oc. NO. 25
`..
`
`EX NO. 651525/2017
`INDEX NO. 651525/2017
`IND
`
`
`
`
`
`R«.C«.IV«.D \IYSGEF:a-03/30/2018
`RECEIVED NYSCEF: 03/30/2018
`
`
`
`Gainen Carroll & Bertolotti, LLP at their offices located at 250 Park Ave, New York, NY 10177
`Ami X
`by personal delivery or overnight mail on or before
`, 2018, shall be deemed good and
`sufficient service;
`
`ORDERED, that this motion shall be orally argued by the parties, or their counsel, andW
`opposition papers, if any, be served upon Plaintiffs counsel, Rosman and Boshart, 50 Main St..
`10th Fl. White Plains, NY 10606 so as to be received by 5:00 P.M. at least five (5) business days
`prior to the return date and reply papers, if any, be served upon Defendant so as to be received at
`least one (1) business day prior to the return date.
`
`ENTER:
`
`
`
`J.S.C.
`
`HON. DAVID B
`
`. COHEN
`
`J.S.C.
`
`Waw
`
`3of3
`3 of 3
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`
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