`
`Third-Party Index: ____________
`
`ORDER
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`--------------------------------------------------------------
`JANET BARBASH,
`
`X
`
`:
` :
` :
` :
` :
` :
` :
` :
` :
` :
`
`
`Plaintiff,
`
`-against-
`
`STEPHEN CLARKE, Individually and d/b/a
`GREENPORT YACHT & SHIPBUILDING
`COMPANY,
`
`Defendant.
`--------------------------------------------------------------
`STEPHEN CLARKE, Individually and d/b/a
`GREENPORT YACHT & SHIPBUILDING
`COMPANY,
`
`Defendant/Third-Party Plaintiff
`
`-against-
`
`ARTHUR FELD,
`
`Third-Party Defendant.
`--------------------------------------------------------------
`
`:X
`
`:
` :
` :
` :
` :
` :
` :
` :
` :
` :
`
`
`:X
`
`UPON the application of Betancourt, Van Hemmen, Greco & Kenyon LLC, counsel
`
`for defendant and third-party plaintiff Stephen Clarke, Individually and d/b/a Greenport
`
`Yacht & Shipbuilding Company (hereinafter, “Defendant”) by Notice of Motion dated
`
`August 29, 2019 and with notice to John H. Mulvehill, Esq., Attorney for Plaintiff, 220
`
`Cambon Avenue, Saint James, New York 11780 and Elliot Small, Esq., Attorney for Third-
`
`
`
`Party Defendant Arthur Feld, Law Offices of Elliot S. Small, 5020 Sunrise Highway, 2nd
`
`Floor, Massapequa, New York 11783; and the Court having heard the argument of counsel;
`
`IT IS, on this _____ day of __________________, 2019, hereby
`
`ORDERED that:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`Defendant’s motion is granted in toto;
`
`plaintiff’s Verified Complaint is hereby stricken;
`
`plaintiff is hereby prohibited from supporting any claim that the My Way
`
`had any value;
`
`plaintiff is hereby prohibited from producing in evidence the report of
`
`Edward Viola, dated March 18, 2015;
`
`plaintiff is hereby prohibited from calling Edward Viola as a witness at trial;
`
`plaintiff is hereby prohibited from introducing any evidence of damages at
`
`trial;
`
`The Court deems the yacht My Way worthless for the purposes of plaintiff’s
`
`claims herein;
`
`Defendant may, within 45 days of this order, reopen the depositions of
`
`plaintiff and third-party defendant concerning the March 18, 2015 report of
`
`Edward Viola and related issues;
`
`-2-
`
`
`
`9.
`
`plaintiff shall pay the reasonable costs and attorneys fees for the reopened
`
`depositions of plaintiff and third-party defendant.
`
`_____________________________________
`
`___ Opposed
`
`___ Unopposed
`
`TO:
`
`John H. Mulvehill, Esq.
`220 Cambon Avenue
`Saint James, New York 11780
`Attorneys for Plaintiff
`
`Alton J. Evans, Jr.
`Betancourt, Van Hemmen, Greco & Kenyon LLC
`75 South Broadway, 4 Floor
`th
`White Plains, New York 10601
`Attorneys for Defendant Stephen Clarke,
`Individually and d/b/a Greenport Yacht & Shipbuilding Company
`
`Elliot Small, Esq.
`Law Offices of Elliot S. Small
`5020 Sunrise Highway, 2 Floor
`nd
`Massapequa, New York 11783
`Attorneys for Third-Party Defendant, Arthur Feld
`
`-3-
`
`
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