INDEX NO- ”0390/2018
`FILED: NEW YORK OOUNTY CLERK 11m2019 11:02 A
`INDEX NO. 160390/2018
`FILED: NEW YORK COUNTY CLERK 11/26/2019 11:02 AM
`
`
`
`
`
`
`
`3F DOC. NO. 17
`RT-CfiIVT
`.
`.D NYSCEF: 11/26/2019
`'
`RECEIVED NYSCEF: 11/26/2019
`NYSCEF DOC. NO. 17
`NYSC:
`SUPREME COURT OF THE STATE OF NEW YORK
`" "
`NEW YORK COUNTY
`>
`
`PRESENT:
`Justice
`g [Le KE—Q/KO
`(SW e 3
`
`/
`
`-v-
`
`‘
`
`'
`
`/(00 S?O"/ X
`INDEX NO.
`MOTION DATE
`MOTION SEQ. NO.
`
`2
`
`' |
`
`No(s).‘
`
`The following papers, numbered 1 to
`
`, were read on this motion tolfor
`
`Notice of Motion/Order to Show Cause — Affidavits — Exhibits
`
`Answering Affidavits — Exhibits
`
`Replying Affidavits
`
`.
`
`I No(s).
`
`|No(s).
`
`Upon the foregoing papers, it is ordered thatthis motion is W g—VL
`
`
`
`MOTION/CASEIsRESPECTFULLYREFERREDToJUSTICEFORTHEFOLLOWINGREASONS):
`
`
`
`Dated:
`
`J.S.C.
`
`. 1. CHECK ONE: ..................................................................... 5' CASE D_SPOSED
`
`.
`
`N-FINAL DISPOSITION
`
`2. CHECK AS APPROPRIATE: ........................... MOTION IS:
`
`ANTED
`
`E DENIED
`
`13 GRANTED IN PART
`
`CI OTHER
`
`3. CHECK IF APPROPRIATE: .............................'................... CI SETTLE ORDER
`
`C] SUBMIT ORDER
`
`CI DO NOT POST
`
`C] FIDUCIARY APPOINTMENT
`
`CI REFERENCE;
`
`lof4
`1 of 4
`
`
`FILED: NEW YORK OOUNTY CLERK 11m2019 11:02 A
`INDEX NO. 160390/2018
`FILED: NEW YORK COUNTY CLERK 11/26/2019 11:02 AM
`
`
`
`
`
`
`
`3F DOC. NO. 17
`RT-CfiIVT
`.
`.D NYSCEF: 11/26/2019
`'
`RECEIVED NYSCEF: 11/26/2019
`NYSCEF DOC. NO. 17
`NYSC:
`SUPREME COURT OF THE STATE OF NEW YORK
`" "
`NEW YORK COUNTY
`>
`
`PRESENT:
`Justice
`g [Le KE—Q/KO
`(SW e 3
`
`/
`
`-v-
`
`‘
`
`'
`
`/(00 S?O"/ X
`INDEX NO.
`MOTION DATE
`MOTION SEQ. NO.
`
`2
`
`' |
`
`No(s).‘
`
`The following papers, numbered 1 to
`
`, were read on this motion tolfor
`
`Notice of Motion/Order to Show Cause — Affidavits — Exhibits
`
`Answering Affidavits — Exhibits
`
`Replying Affidavits
`
`.
`
`I No(s).
`
`|No(s).
`
`Upon the foregoing papers, it is ordered thatthis motion is W g—VL
`
`
`
`MOTION/CASEIsRESPECTFULLYREFERREDToJUSTICEFORTHEFOLLOWINGREASONS):
`
`
`
`Dated:
`
`J.S.C.
`
`. 1. CHECK ONE: ..................................................................... 5' CASE D_SPOSED
`
`.
`
`N-FINAL DISPOSITION
`
`2. CHECK AS APPROPRIATE: ........................... MOTION IS:
`
`ANTED
`
`E DENIED
`
`13 GRANTED IN PART
`
`CI OTHER
`
`3. CHECK IF APPROPRIATE: .............................'................... CI SETTLE ORDER
`
`C] SUBMIT ORDER
`
`CI DO NOT POST
`
`C] FIDUCIARY APPOINTMENT
`
`CI REFERENCE;
`
`lof4
`1 of 4
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/26/2019 11:02 AM
`FILED: NEW YORK COUNTY CLERK 11m2019 11:02 A
`
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO. 17
`
`INDEX NO. 160390/2018
`INDEX NO- ”0390/2018
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 11/26/2019
`RECEIVED NYSCEF: 11/26/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`NEW YORK COUNTY
`
`PRESENT:
`
`HON. KATHRYN E. FREED
`
`PART
`
`IAS MOTION 2EFM
`
`-----------------------------------------------------------------------------X
`
`moex No.
`
`160390/2018
`
`JAMES GUERRERO'
`
`APPLE INC.,
`
`‘ Plaintiff,
`
`Defendant.
`
`____________________________________________________________________________x
`
`MOTION DATE
`
`MOTION SEQ. NO.
`
`N/A
`
`001
`
`DECISION + ORDER ON
`MOTION
`
`The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 10, 11, 12, 13,
`14, 15, 16
`
`were read on thismotion to/for
`
`WlTHDRAW AS ATTORNEY
`
`In this action to recover for personal injuries Mark E. Seitelman Law Offices, P.C..,
`
`moves to be relieved as counsel for plaintiff James Guerrero. The motion is unopposed, plaintiff
`
`did not appear on the .retum date.
`
`However, defendant, Apple, Inc., which does not oppose the motion, has submitted
`
`papers asking that its right to discovery be preserved once any stay has expired including, but not
`
`limited to, an inspection of the subject device plus all other discovery including the deposition of
`
`plaintiff.
`
`Therefore, in accordance with the foregoing, it is hereby
`
`160390/2018 GUERRERO, JAMES vs. APPLE INC.
`Motion No. 001
`
`,
`
`Page 1 of 3
`
`20f4
`2 of 4
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`
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`FILED: NEW YORK COUNTY CLERK 11/26/2019 11:02 AM
`FILED: NEW YORK COUNTY CLERK 11m2019 11:02 A
`
`NYSCEF DOC. NO. 17
`,
`NYSCEF DOC. NO. 17
`
`INDEX NO. 160390/2018
`
`INDEX NO- ”0390/2018 ,
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 11/26/2019
`RECEIVED NYSCEF: 11/26/2019
`
`It is ORDERED that the motion is granted to the extent that Mark E. Seitelman Law
`
`Offices, RC, is relieved as counsel for plaintiff; and it is further
`
`ORDERED that the withdrawing attorney is directed to serve, within 5 days after this
`
`order is entered, a copy of this order with notice of entry upon the former client at former client’s
`
`last known address, by regular and certified mail, return receipt requested, and upon all other
`
`parties appearing herein via NYSCEF; and it is further
`
`ORDERED that the withdrawing attorney is directed to serve upon the former client,
`
`together with the above-mentioned copy of this order with notice of entry upon the- former client,
`
`a notice directing the former client to appoint a substitute attorney within 30 days from the date
`
`of mailing the notice or else to appear in person; and it is further
`
`ORDERED that no further proceedings may be taken against the former client without
`
`leave of this Court for a period of 30 days after the entry of this order; and it is further
`
`ORDERED that the compliance conference currently scheduled for January 7, 2020, shall
`
`continue as scheduled, to be held in Part 2 at 80 Centre Street, Room 280 at 2:15 pm; and it is
`
`further
`
`ORDERED that all discovery rights of defendant Apple Inc., are preserved, including its
`
`right to inspect the subject device, upon the expiration of the 30-day stay, granted herein; and it
`
`is further
`
`160390/2018 GUERRERO, JAMES vs. APPLE INC.
`Motion No. 001
`r
`
`A
`
`Page 2 of 3
`
`3of4
`3 of 4
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`FILED: NEW YORK COUNTY CLERK 11/26/2019 11:02 AM
`FILED: NEW YORK COUNTY CLERK 11m2019 11:02 A
`
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO. 17
`
`INDEX NO. 160390/2018
`INDEX NO- ”0390/2018
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 11/26/2019
`RECEIVED NYSCEF: 11/26/2019
`
`
`
`ORDERED that the portion of application of Mark E. Seitelman Law Offices, PC. with
`
`respect to reimbursement of the costs and disbursements which counsel has already incurred, as
`
`set forth in his affirmation, totaling $641.87, is granted as a condition for releasing the file to his
`
`former client.; and it is further
`
`ORDERED that the remainder of the application with respect to the amount of a charging
`
`lien to which counsel may be entitled is denied, without prejudice to renew the application at
`
`either the time of entry of a judgment or other disposition in this action or at such time as the
`
`amount of a lien comes into controversy; and it is further
`
`ORDERED that this constitutes the decision and order of this Court.
`
`DATE
`
` 11/26/2019
`
`CHECK ONE:
`
`CASE DISPOSED
`
`NON-FINAL DISPOSITION
`
`APPLICATION:
`
`GRANTED
`SETTLE ORDER
`
`D DENIED
`
`GRANTED IN PART
`SUBMIT ORDER
`
`B OTHER
`
`CHECK IF APPROPRIATE:
`
`INCLUDES TRANSFER/REASSIGN
`
`FIDUCIARY APPOINTMENT D REFERENCE
`
`160390/2018 GUERRERO, JAMES vs. APPLE INC.
`Motion No. 001
`
`V
`
`i
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`Page 3 of 3
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`4of4
`4 of 4
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