Order | Filed: August 11, 2026
| Entered: August 11, 2026
BUFNY Houses of Brooklyn, Inc. v. The Estate of Morton L. Olshan et al
Contract: Other | New York Eastern
Order(Other)
ORDER granting 26 - 28 : At the July 22, 2026 conference, after the parties learned of Plaintiff's counsel's circumstances, the Court granted Plaintiff two weeks to obtain new counsel. (See Minute Entry dated July 22, 2026.) On August 4, 2026, Plaintiff filed a letter reporting on its efforts and requested an additional 45 days to retain new counsel. (See Letter, Dkt. No. 26.) Defendants oppose. (See Dkt. No. 30.)
When a request for an extension of time is made before the original time expires, the Court may extend the time "for good cause." Fed. R. Civ. P. 6(b)(1), 16(b)(4). "[A] finding of 'good cause' depends on the diligence of the moving party." Parker v. Columbia Pictures Indus., 204 F.3d 326, 340 (2d Cir. 2000).
The Court finds good cause to grant an extension here. Plaintiff was not aware of their counsel's incapacity until the conference. Since then, Plaintiff has been diligent in their efforts to find new counsel, and had even attempted to find new counsel prior to the conference. See, e.g., Bardwell v. Graham, 12-CV-1433, 2014 WL 12586390 (N.D.N.Y. June 3, 2014) (finding good cause to modify scheduling order when party's efforts established diligence). Additionally, this is not a situation where Plaintiff is attempting to cause delay by switching counsel. See, e.g., Alexander v. Westbury Union Free Sch. Dist., 829 F. Supp. 2d 89, 118 (E.D.N.Y. 2011). Finally, beyond seeking to avoid further delay in this case, Defendants do not argue good cause is lacking here, nor do they articulate any additional prejudice that would result from granting Plaintiff more time. Accordingly, Plaintiff's request is GRANTED. New counsel for Plaintiff shall file a notice of appearance by 9/22/2026. So Ordered by Magistrate Judge Seth D. Eichenholtz on 8/11/2026. (DC)
Misc | Filed: August 07, 2026
| Entered: August 07, 2026
BUFNY Houses of Brooklyn, Inc. v. The Estate of Morton L. Olshan et al
Contract: Other | New York Eastern
Letter
Letter to the Honorable Seth D. Eichenholtz, re: Defendants' Response to Plaintiff's August 5, 2026 Letter by Mall Properties, Inc., Andrea L Olshan, Carole Olshan, Olshan Properties, LLC, The Estate of Morton L. Olshan (Holinstat, Steven)