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Friedman v. Burns

Supreme Court, Nassau County

February 17, 2017

Shari Friedman, JENNY FRIEDMAN, SCOTT FRIEDMAN and NICOLE FRIEDMAN, Plaintiff(s),
v.
Lauren Becker Burns, DAVID BURNS, IRENE BECKER and LAZAR BECKER,, Defendant(s).

          Attorney for Plaintiff Jenny Friedman Elias C. Schwartz, PLLC

          Attorney for Plaintiffs. Hoffman Polland & Furman, PLLC

          Attorney for Defendants Irene & Lazar Becker Samuel E. Kramer, Esq.

          Attorney for Defendants Lauren & David Burns Howard W. Burns Jr., Esq.

          Jeffrey S. Brown, J.

         The following papers were read on this motion: MS 5 MS6 MS7

         Notice of Motion, Affidavits (Affirmations), Exhibits Annexed XX X

         Answering Affidavit XX X X

         Reply Affidavit X XX

         Memoranda of Law X XX

         Motion by plaintiffs brought by order to show cause for an order: (a) directing defendants to comply with the provisions of the Stipulation of Settlement executed by all of the parties on April 28, 2016; (b) directing counsel for Irene Becker and the Estate of Lazar Becker (collectively, the Becker defendants) to deliver to plaintiffs' counsel the original general releases executed by all of the defendants dated April 28, 2016; (c) directing counsel for Irene Becker and the Estate of Lazar Becker to deliver to plaintiffs' counsel the original Stipulation of Settlement executed by all of the defendants; (d) directing counsel for Lauren Becker Burns and David Burns (the Burns defendants) to execute a Stipulation of Discontinuance with Prejudice dated May 10, 2016, as required by the Stipulation of Settlement; (e) alternatively declaring the defendants to be in default by failing to answer the plaintiff's complaint in a timely manner and permitting plaintiffs to proceed to an inquest against the defendants on the claims as set forth in their complaint; (f) barring and enjoining the defendants Lauren Becker Burns and David Burns from proceeding on their counterclaims contained in their purported amended answer, which plaintiffs assert was untimely served; (g) awarding plaintiffs' attorney fees; and (h) such other relief as the court deems just and proper.

         Cross-motion by the Becker defendants for an order (a) compelling plaintiffs to deliver to Irene Becker Releases and a Stipulation of Discontinuance of this action limited to Irene Becker; or, alternatively (b) granting Irene Becker leave to serve an Answer or otherwise move to dismiss the complaint in this action; and awarding such other relief as the court deems just and proper, including attorney's fees.

         Cross-motion by the Burns defendants for an order compelling the plaintiffs to accept the answer and amended answer and counterclaims served by the Burns defendants, together with costs and attorney's fees; and awarding such other relief as the court deems just and proper.

         The background of this action is set forth in the court's January 4, 2016 decision and order.

         Plaintiff Shari Friedman (Shari) is the mother of plaintiffs Jenny Friedman (Jenny), Scott Friedman ...


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