Worrell v. Workhorse Restaurant Inc. et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:18-cv-05386 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 28:1331 Fed. Question: Other |
| Case Filed: | Jun 14, 2018 |
| Terminated: | May 17, 2019 |
| Last checked: Tuesday Dec 11, 2018 4:30 AM EST |
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Defendant
243 W. 98 Street Realty LLC
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Represented By
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Defendant
Workhorse Restaurant Inc.
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Represented By
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Plaintiff
Vernita Worrell
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Represented By
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| Docket last updated: 3 hours ago |
| Monday, July 01, 2019 | ||
| 37 | 37
misc
Proposed Stipulation and Order
Mon 07/01 5:58 PM
PROPOSED STIPULATION AND ORDER. Document filed by Vernita Worrell. (Weiss, Donald) |
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| Monday, June 17, 2019 | ||
| 36 | 36
1
pgs
order
Order on Motion for Extension of Time
Mon 06/17 10:24 AM
ORDER granting35 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/14/2019) (rro) |
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| Friday, June 14, 2019 | ||
| 35 | 35
motion
Extension of Time
Fri 06/14 1:08 PM
LETTER MOTION for Extension of Time to file Stipulation of Settlement addressed to Judge Katherine Polk Failla from Donald Weiss dated 6/14/19. Document filed by Vernita Worrell.(Weiss, Donald) |
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| Friday, May 17, 2019 | ||
| 34 | 34
2
pgs
order
Order of Discontinuance
Fri 05/17 4:57 PM
ORDER OF DISCONTINUANCE: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/17/2019) (jca) |
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| 33 | 33
motion
Adjourn Conference
Fri 05/17 1:06 PM
LETTER MOTION to Adjourn Conference based on settlement addressed to Judge Katherine Polk Failla from Donald Weiss dated 5/17/19. Document filed by Vernita Worrell.(Weiss, Donald) |
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| Tuesday, January 29, 2019 | ||
| 32 | 32
order
Case Management Plan
Tue 01/29 2:51 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Settlement discussions have taken place. The parties have conferred pursuant to fed. R. Civ P. 26(f). This case is not to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 2 days Motions due by 3/1/2019. Deposition due by 7/15/2019. Fact Discovery due by 5/29/2019. Expert Discovery due by 7/15/2019. Pretrial Conference set for 6/11/2019 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/29/2019) (js) |
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minutes
Pretrial Conference - Initial
Wed 01/30 11:49 AM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 1/29/2019. Attorney Donald Jeffrey Weiss representing Plaintiff present. Attorney Eric William Ruden representing Defendants present. Parties are to inform the Court if and when they agree to refer this matter for settlement with the Magistrate Judge, Mediation program, or schedule a settlement conference with the Court. (Court Reporter Martha Martin) (tn) |
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| Thursday, January 24, 2019 | ||
| 31 | 31
misc
Initial Report of Parties Before Pretrial Conference
Thu 01/24 11:29 AM
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Vernita Worrell.(Weiss, Donald) |
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Att: 1
Case Management Plan
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| Friday, January 11, 2019 | ||
| 30 | 30
answer
Answer to Complaint
Fri 01/11 4:12 PM
ANSWER to4 Complaint. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Gulia, Gregory) |
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| 29 | 29
misc
Rule 7.1 Corporate Disclosure Statement
Fri 01/11 4:03 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Gulia, Gregory) |
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| Thursday, December 13, 2018 | ||
| 28 | 28
2
pgs
order
Order on Motion for Extension of Time
Thu 12/13 5:26 PM
ORDER granting27 Motion for Extension of Time. Application GRANTED. The Initial Pretrial Conference in this matter is hereby ADJOURNED to Tuesday, January 29, 2019, at 10:30 a.m. Therewill be no further extensions. The Clerk of Court is directed to terminate the motion at docket entry 27. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/13/2018) (rro) |
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utility
Set/Reset Hearings Set/Reset Deadlines
Thu 12/13 5:27 PM
Set/Reset Hearings: (Initial Conference set for 1/29/2019 at 10:30 AM before Judge Katherine Polk Failla.), Set/Reset Deadlines: 243 W. 98 Street Realty LLC answer due 1/11/2019; Workhorse Restaurant Inc. answer due 1/11/2019. (rro) |
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| Wednesday, December 12, 2018 | ||
| 27 | 27
motion
Extension of Time
Wed 12/12 7:04 PM
LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Eric W. Ruden, Esq. dated December 12, 2018. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Ruden, Eric) |
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| Thursday, November 15, 2018 | ||
| 26 | 26
2
pgs
order
Order on Motion for Extension of Time to Answer Order on Motion to Adjourn Conference
Thu 11/15 3:22 PM
ORDER granting25 Letter Motion for Extension of Time to Answer re4 Complaint; granting25 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to Tuesday, December 18, 2018, at 4:30 p.m. The Clerk of Court is directed to terminate the motion at docket entry 25. SO ORDERED. (243 W. 98 Street Realty LLC answer due 12/14/2018; Workhorse Restaurant Inc. answer due 12/14/2018.) (Initial Conference set for 12/18/2018 at 04:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/15/2018) (rro) |
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| Wednesday, November 14, 2018 | ||
| 25 | 25
motion
Extension of Time to File Answer Adjourn Conference
Wed 11/14 5:12 PM
LETTER MOTION for Extension of Time to File Answer from November 15, 2018 to December 14, 2018 addressed to Judge Katherine Polk Failla from Eric W. Ruden dated November 14, 2018., LETTER MOTION to Adjourn Conference to a date after Defendants answer or response is due addressed to Judge Katherine Polk Failla from Eric W. Ruden dated November 14, 2018. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Ruden, Eric) |
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| Thursday, October 18, 2018 | ||
| 24 | 24
2
pgs
order
Order on Motion for Extension of Time to Answer Order on Motion to Adjourn Conference
Thu 10/18 1:17 PM
ORDER granting23 Letter Motion for Extension of Time to Answer re4 Complaint; granting23 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to Tuesday, November 20, 2018, at 10:30 a.m. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to Tuesday, November 20, 2018, at 10:30 a.m. (243 W. 98 Street Realty LLC answer due 11/15/2018; Workhorse Restaurant Inc. answer due 11/15/2018.) (Initial Conference set for 11/20/2018 at 10:30 AM before Judge Katherine Polk Failla.)(Signed by Judge Katherine Polk Failla on 10/18/2018) (rro) |
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| Wednesday, October 17, 2018 | ||
| 23 | 23
motion
Extension of Time to File Answer Adjourn Conference
Wed 10/17 6:12 PM
SECOND LETTER MOTION for Extension of Time to File Answer re:1 Complaint, addressed to Judge Katherine Polk Failla from Eric Ruden dated October 17, 2018., SECOND LETTER MOTION to Adjourn Conference currently scheduled for November 1, 2018 addressed to Judge Katherine Polk Failla from Eric Ruden dated October 17, 2018. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Ruden, Eric) |
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| 22 | 22
notice
Notice of Appearance
Wed 10/17 5:55 PM
NOTICE OF APPEARANCE by Eric William Ruden on behalf of 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc.. (Ruden, Eric) |
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| Tuesday, October 02, 2018 | ||
| 21 | 21
1
pgs
order
Order on Motion to Adjourn Conference
Wed 10/03 12:08 PM
ORDER granting20 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Donald Weiss dated 10/2/18. Document filed by Vernita Worrell. Application GRANTED. The initial conference is hereby ADJOURNED to November 1, 2018 at 11:00 a.m. So ordered. (Initial Conference set for 11/1/2018 at 11:00 AM before Judge Katherine Polk Failla). (Signed by Judge Katherine Polk Failla on 10/2/2018) (rjm) |
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| 20 | 20
motion
Adjourn Conference
Tue 10/02 10:58 AM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Donald Weiss dated 10/2/18. Document filed by Vernita Worrell.(Weiss, Donald) |
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| Monday, October 01, 2018 | ||
| 19 | 19
1
pgs
order
Order on Motion to Adjourn Conference
Tue 10/02 10:09 AM
ORDER granting18 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to November 1, 2018 at 2:00 p.m. SO ORDERED. (Initial Conference set for 11/1/2018 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/1/2018) (rro) |
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| Friday, September 28, 2018 | ||
| 18 | 18
motion
Adjourn Conference
Fri 09/28 12:50 PM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Donald Weiss dated 9/28/18. Document filed by Vernita Worrell.(Weiss, Donald) |
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| 17 | 17
2
pgs
order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Answer
Fri 09/28 11:57 AM
ORDER granting16 Letter Motion to Adjourn Conference (Initial Conference set for 10/25/2018 at 12:00 PM before Judge Katherine Polk Failla.); granting16 Letter Motion for Extension of Time to Answer. Application GRANTED. The Initial Pretrial Conference is hereby ADJOURNED to Thursday, October 25, 2018 at 12:00 noon. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/26/2018) (jca) |
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| Thursday, September 27, 2018 | ||
| 16 | 16
motion
Adjourn Conference Extension of Time to File Answer
Thu 09/27 8:02 PM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Gregory P. Gulia dated 9/27/2018., LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint addressed to Judge Katherine Polk Failla from Gregory P. Gulia dated 9/27/2018. Document filed by 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc..(Gulia, Gregory) |
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| 15 | 15
notice
Notice of Appearance
Thu 09/27 5:59 PM
NOTICE OF APPEARANCE by Gregory Paul Gulia on behalf of 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc.. (Gulia, Gregory) |
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| 14 | 14
misc
Clerk's Certificate of Default
Thu 09/27 12:24 PM
CLERK'S CERTIFICATE OF DEFAULT as to Workhorse Restaurant Inc. d/b/a Regional and 243 W. 98 Street Realty LLC. (km) |
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| 13 | 13
respoth
Affirmation in Support (non-motion)
Thu 09/27 12:14 PM
AFFIRMATION of Donald Weiss in Support re:12 Proposed Clerk's Certificate of Default. Document filed by Vernita Worrell. (Weiss, Donald) |
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| 12 | 12
misc
Proposed Clerk's Certificate of Default
Thu 09/27 12:07 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Vernita Worrell. (Weiss, Donald) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) |
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| Friday, September 14, 2018 | ||
| 11 | 11
1
pgs
order
Order on Motion to Adjourn Conference
Mon 09/17 12:41 PM
ORDER granting10 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Conference is hereby ADJOURNED to October 10, 2018 at 11:00 a.m. So Ordered. (Initial Conference set for 10/10/2018 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/14/18) (yv) |
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| Thursday, September 13, 2018 | ||
| 10 | 10
motion
Adjourn Conference
Thu 09/13 2:48 PM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Donald Weiss dated 9/13/18. Document filed by Vernita Worrell.(Weiss, Donald) |
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| Tuesday, September 11, 2018 | ||
| 9 | 9
service
Affidavit of Service Complaints
Tue 09/11 11:53 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. 243 W. 98 Street Realty LLC served on 8/22/2018, answer due 9/12/2018. Service was accepted by Secretary of State. Document filed by Vernita Worrell. (Weiss, Donald) |
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| 8 | 8
service
Affidavit of Service Complaints
Tue 09/11 11:51 AM
AFFIDAVIT OF SERVICE of Summons and Complaint. Workhorse Restaurant Inc. served on 8/23/2018, answer due 9/13/2018. Service was accepted by Secretary of State. Document filed by Vernita Worrell. (Weiss, Donald) |
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| Tuesday, July 10, 2018 | ||
| 7 | 7
service
Certificate of Service Other
Tue 07/10 12:23 PM
CERTIFICATE OF SERVICE of Conference Order and Judge's rules served on WORKHORSE RESTAURANT INC. d/b/a REGIONAL and 243 W. 98 STREET REALTY LLC on 7/10/18. Service was made by mail. Document filed by Vernita Worrell. (Weiss, Donald) |
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| Monday, July 02, 2018 | ||
| 6 | 6
3
pgs
order
Order for Initial Pretrial Conference
Mon 07/02 12:05 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/20/2018 at 10:00 AM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/2/2018) (mro) |
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| Friday, June 15, 2018 | ||
| 5 | 5
service
Summons Issued
Fri 06/15 3:44 PM
ELECTRONIC SUMMONS ISSUED as to 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc.. (pne) |
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| 4 | 4
cmp
Complaint
Fri 06/15 1:54 PM
COMPLAINT against 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc.. Document filed by Vernita Worrell.(Weiss, Donald) |
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notice
Case Opening Initial Assignment Notice
Fri 06/15 10:16 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pne) |
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utility
Case Designation
Fri 06/15 10:18 AM
Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (pne) |
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utility
Case Designated ECF
Fri 06/15 10:18 AM
Case Designated ECF. (pne) |
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misc
Notice to Attorney Regarding Deficient Pleading
Fri 06/15 10:33 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Donald Jeffrey Weiss to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Fri 06/15 10:33 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Donald Jeffrey Weiss. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:12188; Fee Status code due (due). The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1331ot; the Fee Status code has been modified to pd (paid). (pne) |
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misc
Notice to Attorney Regarding Party Modification
Fri 06/15 11:02 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Donald Jeffrey Weiss. The party information for the following party has been modified: Workhorse Restaurant Inc.. The information for the party has been modified for the following reasons: party name contained a typographical error; alias party name was omitted. (pne) |
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| Thursday, June 14, 2018 | ||
| 3 | 3
misc
Civil Cover Sheet
Thu 06/14 4:10 PM
CIVIL COVER SHEET filed. (Weiss, Donald) |
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| 2 | 2
service
Request for Issuance of Summons
Thu 06/14 4:09 PM
REQUEST FOR ISSUANCE OF SUMMONS as to WORKHORSE RESTAURANT INC. d/b/a REGIONAL and 243 W. 98 STREET REALTY LLC, re:1 Complaint. Document filed by vernita worrell. (Weiss, Donald) |
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| 1 | 1
cmp
Complaint
Thu 06/14 4:08 PM
COMPLAINT against 243 W. 98 Street Realty LLC, Workhorse Restaurant Inc. d/b/a Regional. (Filing Fee $ 400.00, Receipt Number 0208-15202156)Document filed by vernita worrell.(Weiss, Donald) |
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