On August 25, 2016 a
Party Notice
was filed
involving a dispute between
Jcf Associates Llc,
and
Take Two Outdoor Media Llc,
for Real Property - Other (Ejectmnet)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/30/2023 05:13 PM INDEX NO. 514942/2016
NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 01/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x
JCF ASSOCIATES LLC, Index No. 514942/2016
Plaintiff,
NOTICE OF ENTRY
-against-
TAKE TWO OUTDOOR MEDIA, LLC,
Defendant.
-----------------------------------------------------------------X
PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order,
signed by the Honorable Joy F. Campanelli, on January 30, 2023, and duly entered in the office
of the Clerk of the Supreme Court of the State of New York, Kings County on January 30, 2023.
Dated: Brooklyn, New York
January 30, 2023
ABRAMS FENSTERMAN, LLP
By: __________________ ________
Melanie I. Wiener, Esq.
1 Metrotech Center Ste 1701
Brooklyn, New York 11201
(718) 215-5300
Attorneys for Plaintiff
TO:
Via NYSCEF
Peter J. Pruzan, Esq.
Attorney for Defendant
PO Box 643
Centerport, NY 11721
1 of 3
FILED: KINGS COUNTY CLERK 01/30/2023 05:13
04:32 PM INDEX NO. 514942/2016
NYSCEF DOC. NO. 231
230 RECEIVED NYSCEF: 01/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: PART 6
------------------------------------------------------------------X
JCF ASSOCIATES LLC, Index No.: 514942/2016
Plaintiffs, DECISION AND ORDER
-against- Hon. Joy F. Campanelli, J.S.C.
TAKE TWO OUTDOOR MEDIA LLC
Defendants.
------------------------------------------------------------------X
The following papers were read on this motion pursuant to CPLR 2219(a):
Papers Numbered
Notice of Motion/Order to Show Cause/Affidavits/Affirmations/Exhibits……………….. 1-2
Answering Affirmations/Affidavits/Exhibits……………………………………………… 3-4
Reply Affirmations/Affidavits/Exhibits…………………….……...……………………… 5
Other……………………………………………………………..…………………………
Defendant’s motion (seq. 7) for an Order (a) pursuant to CPLR §2221, granting reargument of this Court’s
rulings on November 3, 2022, at the trial of this action, precluding Defendant’s witnesses, from testifying at the
trial and denying Defendant’s application for a brief continuance to secure the attendance of a witness; (b)
pursuant to CPLR §4402 granting a continuance of the trial to permit the testimony of Defendant’s witnesses is
DENIED.
A motion to reargue pursuant to CPLR §2221 is not the proper procedural vehicle to challenge an evidentiary
ruling made at trial. CPLR §2221 is applicable solely to orders determining a motion. Defendant’s appropriate
recourse is to appeal the Court’s ruling.
Accordingly, Defendant’s motion to reargue is DENIED.
A copy of this order with Notice of Entry shall be served on all sides within thirty (30) days of entry.
This constitutes the decision and order of the Court.
Dated: January 30, 2023
Brooklyn, NY
____________________________
Hon. Joy F. Campanelli, J.S.C.
1 of 3
2 1
FILED: KINGS COUNTY CLERK 01/30/2023 05:13 PM INDEX NO. 514942/2016
NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 01/30/2023
STATE OF NEW YORK )
) ss:
COUNTY OF KINGS )
Octavia Brown-Lyde, being sworn says: I am not a party to the action, am over 18 years of
age, and am employed by ABRAMS, FENSTERMAN LLP, 1 Metrotech Ctr, Suite 1701,
Brooklyn, New York 11201
On January 30, 2023, I served a true copy of the annexed ORDER WITH NOTICE OF
ENTRY, by filing electronically through the New York State Court Electronic Filing System,
serving the following registrants to that system for this action:
All parties via NYSCEF
Octavia Brown-Lyde
OCTAVIA BROWN-LYDE
Sworn to before me on the
30th day of January, 2023
Michael Pelham
Notary Public, State of New York
No.:01PE6382197
Qualified in Rockland County
Commission Expires 10/22/26
3 of 3
Document Filed Date
January 30, 2023
Case Filing Date
August 25, 2016
Category
Real Property - Other (Ejectmnet)
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Preview
FILED: KINGS COUNTY CLERK 01/30/2023 05:13 PM INDEX NO. 514942/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 01/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x JCF ASSOCIATES LLC, Index No. 514942/2016 Plaintiff, NOTICE OF ENTRY -against- TAKE TWO OUTDOOR MEDIA, LLC, Defendant. -----------------------------------------------------------------X PLEASE TAKE NOTICE that the within is a true copy of the Decision and Order, signed by the Honorable Joy F. Campanelli, on January 30, 2023, and duly entered in the office of the Clerk of the Supreme Court of the State of New York, Kings County on January 30, 2023. Dated: Brooklyn, New York January 30, 2023 ABRAMS FENSTERMAN, LLP By: __________________ ________ Melanie I. Wiener, Esq. 1 Metrotech Center Ste 1701 Brooklyn, New York 11201 (718) 215-5300 Attorneys for Plaintiff TO: Via NYSCEF Peter J. Pruzan, Esq. Attorney for Defendant PO Box 643 Centerport, NY 11721 1 of 3 FILED: KINGS COUNTY CLERK 01/30/2023 05:13 04:32 PM INDEX NO. 514942/2016 NYSCEF DOC. NO. 231 230 RECEIVED NYSCEF: 01/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: PART 6 ------------------------------------------------------------------X JCF ASSOCIATES LLC, Index No.: 514942/2016 Plaintiffs, DECISION AND ORDER -against- Hon. Joy F. Campanelli, J.S.C. TAKE TWO OUTDOOR MEDIA LLC Defendants. ------------------------------------------------------------------X The following papers were read on this motion pursuant to CPLR 2219(a): Papers Numbered Notice of Motion/Order to Show Cause/Affidavits/Affirmations/Exhibits……………….. 1-2 Answering Affirmations/Affidavits/Exhibits……………………………………………… 3-4 Reply Affirmations/Affidavits/Exhibits…………………….……...……………………… 5 Other……………………………………………………………..………………………… Defendant’s motion (seq. 7) for an Order (a) pursuant to CPLR §2221, granting reargument of this Court’s rulings on November 3, 2022, at the trial of this action, precluding Defendant’s witnesses, from testifying at the trial and denying Defendant’s application for a brief continuance to secure the attendance of a witness; (b) pursuant to CPLR §4402 granting a continuance of the trial to permit the testimony of Defendant’s witnesses is DENIED. A motion to reargue pursuant to CPLR §2221 is not the proper procedural vehicle to challenge an evidentiary ruling made at trial. CPLR §2221 is applicable solely to orders determining a motion. Defendant’s appropriate recourse is to appeal the Court’s ruling. Accordingly, Defendant’s motion to reargue is DENIED. A copy of this order with Notice of Entry shall be served on all sides within thirty (30) days of entry. This constitutes the decision and order of the Court. Dated: January 30, 2023 Brooklyn, NY ____________________________ Hon. Joy F. Campanelli, J.S.C. 1 of 3 2 1 FILED: KINGS COUNTY CLERK 01/30/2023 05:13 PM INDEX NO. 514942/2016 NYSCEF DOC. NO. 231 RECEIVED NYSCEF: 01/30/2023 STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) Octavia Brown-Lyde, being sworn says: I am not a party to the action, am over 18 years of age, and am employed by ABRAMS, FENSTERMAN LLP, 1 Metrotech Ctr, Suite 1701, Brooklyn, New York 11201 On January 30, 2023, I served a true copy of the annexed ORDER WITH NOTICE OF ENTRY, by filing electronically through the New York State Court Electronic Filing System, serving the following registrants to that system for this action: All parties via NYSCEF Octavia Brown-Lyde OCTAVIA BROWN-LYDE Sworn to before me on the 30th day of January, 2023 Michael Pelham Notary Public, State of New York No.:01PE6382197 Qualified in Rockland County Commission Expires 10/22/26 3 of 3