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Ashman Law Offices
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Order | Filed: March 07, 2023 | Entered: March 07, 2023 656 Hermitage Circle, LLC v. Wallach et al
Negotiable Instrument | New York Southern
Order on Motion for Leave to File Document
ORDER: denying 51 Letter Motion for Leave to File Document. Application DENIED. Whatever Powell's motivations might have been in bringing this lawsuit, and even though Plaintiff's claims were dismissed, Defendants have not pointed to any filings by Plaintiffs or other litigation conduct undertaken without any arguable legal or factual support that would justify sanctions under Rule 11 orthe Court's inherent power. After filing the Complaint, Plaintiff did not unreasonably prolong or multiply the costs of litigation. After a motion for judgment on the pleadings was filed, Plaintiff simply took steps to cure thepurported deficiency, and then opposed a second motion for judgment on the pleadings. Plaintiff's factual representations appear to have been reasonably well supported, even if they did not proactively disclose facts unfavorable to Plaintiff's case. And Plaintiff's legal positions were unpersuasive but not frivolous. Defendants argue that the entire litigation was undertaken solely to harm Plaintiff, but that inference is not supported by the record. The fact that Powell previously was convicted of a crime does not put all of his future counsel on notice that they should disbelieve him and question his motives for pursuing non-frivolous legal claims. (Signed by Judge Lorna G. Schofield on 3/07/2023) (ama)
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Motion | Filed: March 06, 2023 | Entered: March 06, 2023 656 Hermitage Circle, LLC v. Wallach et al
Negotiable Instrument | New York Southern
Leave to File Document
LETTER MOTION for Leave to File Motion for Sanctions addressed to Judge Lorna G. Schofield from Kenneth J. Ashman dated 03/06/23. Document filed by David T. Wallach, Maria T Wallach..(Ashman, Kenneth)
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Order | Filed: February 21, 2023 656 Hermitage Circle, LLC v. Wallach et al
Negotiable Instrument | New York Southern
Order
CLERK'S JUDGMENT re: 49 Memorandum & Opinion in favor of David T. Wallach, Maria T Wallach against 656 Hermitage Circle, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order d ated February 17, 2023, Defendants' motion for judgment on the pleadings is GRANTED. Because the guarantee that Plaintiff seeks to enforce has been discharged, any amendment would be futile, and the Complaint is dismissed with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/21/2023) (Attachments: # 1 Right to Appeal) (km)
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