BOWEN v. Fabiani, Cohen & Hall, LLP et al
| New York Southern District Court | |
| Judge: | Jennifer H Rearden |
| Referred: | Sarah L Cave |
| Case #: | 1:24-cv-03322 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1981ra Race Discrimination |
| Case Filed: | Apr 30, 2024 |
| Last checked: Sunday Oct 27, 2024 5:21 AM EDT |
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Defendant
Stephen M. Cohen
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Represented By
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Defendant
John V. Fabiani
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Represented By
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Defendant
Fabiani, Cohen & Hall, LLP
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Represented By
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Defendant
Thomas J. Hall
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Represented By
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Plaintiff
Anita Bowen
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Represented By
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| Docket last updated: 5 hours ago |
| Monday, April 28, 2025 | ||
| 41 | 41
1
pgs
order
Order on Motion for Extension of Time to File
Mon 04/28 11:20 AM
ORDER granting40 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiffs deadline to object to the Report and Recommendation is extended to May 7, 2025. The Clerk of Court is directed to terminate ECF No. 40. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/28/2025) (jca) |
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utility
Set/Reset Deadlines
Mon 04/28 11:21 AM
Set/Reset Deadlines: Objections to R&R due by 5/7/2025 (jca) |
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| Sunday, April 27, 2025 | ||
| 40 | 40
motion
Extension of Time to File Document
Sun 04/27 4:15 PM
LETTER MOTION for Extension of Time to File Objections to Magistrate's Report and Recommendation addressed to Judge Jennifer H. Rearden from Anita Bowen dated April 27, 2025. Document filed by Anita Bowen. Return Date set for 4/30/2025 at 09:00 AM..(Bowen, Anita) |
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| Wednesday, April 16, 2025 | ||
| 39 | 39
order
Report and Recommendations
Wed 04/16 2:07 PM
REPORT AND RECOMMENDATION re:20 MOTION to Dismiss . filed by Fabiani, Cohen & Hall, LLP, Stephen M. Cohen, John V. Fabiani, Thomas J. Hall. For these reasons, we respectfully recommend that: 1. The Motion (ECF No. 20) be GRANTED. 2. The FLSA and Section 1981 Claims be DISMISSED WITH PREJUDICE. 3. The Court DECLINE to exercise supplemental jurisdiction over the remaining state and city law claims and DISMISS them WITHOUT PREJUDICE. 4. The Cross-Motion (ECF No. 29) be DENIED as futile. 5. Further leave to amend be DENIED. Objections to R&R due by 4/30/2025 (Signed by Magistrate Judge Sarah L. Cave on 4/16/2025) (tg) |
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| Tuesday, February 25, 2025 | ||
| 38 | 38
order
Memo Endorsement ~Util - Add and Terminate Attorneys
Tue 02/25 11:10 AM
MEMO ENDORSEMENT on re:35 Notice of Substitution of Attorney, filed by Anita Bowen. ENDORSEMENT : The Clerk of Court is directed to terminate Marjorie Mesidor, Esq., Velly Polycarpe, Esq., and Gerome Pinkins, Esq. as counsel for Plaintiff, and add Plaintiff's contact information to the docket as a pro se litigant. (See ECF Nos. 6; 35). SO ORDERED., (Attorney Velly B. Polycarpe; Marjorie Mesidor and Gerome Pinkins terminated.) (Signed by Magistrate Judge Sarah L. Cave on 2/25/25) (yv) |
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| 37 | 37
order
Amended Order Referring Case to Magistrate Judge
Tue 02/25 11:01 AM
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Sarah L. Cave. SO ORDERED. Motions referred to Sarah L. Cave. (Signed by Judge Jennifer H. Rearden on 2/25/2025) (jca) |
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| Friday, February 14, 2025 | ||
| 36 | 36
notice
Notice (Other)
Fri 02/14 1:59 PM
NOTICE of Consent to Electronic Service. Document filed by Anita Bowen..(Bowen, Anita) |
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| 35 | 35
notice
Notice of Substitution of Attorney
Fri 02/14 1:47 PM
NOTICE of Substitution of Attorney. Old Attorney: Marjorie Mesidor, Velly Polycarpe, Gerome Pinkins, New Attorney: Anita Bowen, Address: 141-05 Pershing Crescent, Unit 401, Briarwood, New York, United States 11435, (718) 930-0867. Document filed by Anita Bowen..(Bowen, Anita) |
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| Monday, November 25, 2024 | ||
| 34 | 34
respm
Reply Memorandum of Law in Support of Motion
Mon 11/25 6:35 PM
REPLY MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss . . Document filed by Fabiani, Cohen & Hall, LLP, Stephen M. Cohen, John V. Fabiani, Thomas J. Hall..(Griffin, Heather) |
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| Monday, November 18, 2024 | ||
| 33 | 33
2
pgs
order
Order on Motion for Leave to File Excess Pages
Mon 11/18 5:52 PM
ORDER granting32 Letter Motion for Leave to File Excess Pages Application GRANTED. The Clerk of Court is directed to terminate ECF No. 32. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 11/18/2024) (jca) |
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| 32 | 32
motion
File Excess Pages
Mon 11/18 12:45 PM
LETTER MOTION for Leave to File Excess Pages as to Defendants' Reply in Support of the Motion to Dismiss and in Opposition to Plaintiff's Cross-Motion addressed to Judge Jennifer H. Rearden from Heather E. Griffin dated November 18, 2024. Document filed by Fabiani, Cohen & Hall, LLP, Stephen M. Cohen, John V. Fabiani, Thomas J. Hall..(Griffin, Heather) |
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| Thursday, November 07, 2024 | ||
| 31 | 31
order
Memo Endorsement ~Util - Set Deadlines
Thu 11/07 1:41 PM
MEMO ENDORSEMENT on re:30 Letter, filed by Fabiani, Cohen & Hall, LLP, Stephen M. Cohen, John V. Fabiani, Thomas J. Hall ENDORSEMENT Defendants' deadline to file a reply in further support of their motion to dismiss, and opposition to Plaintiff's cross-motion for leave to file a second amended complaint, is extended to November 25, 2024. All future applications must comply with the Court's Individual Rules and Practices in Civil Cases. See Rule 5.I ("[R]equests for adjournments [and] extensions...shall be filed on ECF as letter-motions, not as ordinary letters."). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 11/7/2024) (jca) |
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| Wednesday, November 06, 2024 | ||
| 30 | 30
misc
Letter
Wed 11/06 4:44 PM
LETTER addressed to Judge Jennifer H. Rearden from Heather Griffin dated November 6, 2024 re: Request for Extension of Time to File a Reply in further Support of Defednants' Motion to Dismiss, and Opposition to Plaintiff's Cross Motion to File Second Amended Complaint. Document filed by Fabiani, Cohen & Hall, LLP, Stephen M. Cohen, John V. Fabiani, Thomas J. Hall..(Griffin, Heather) |
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| Monday, November 04, 2024 | ||
| 29 | 29
30+
pgs
respm
Memorandum of Law in Opposition to Motion
Mon 11/04 7:40 PM
MEMORANDUM OF LAW in Opposition re:20 MOTION to Dismiss . And Cross Motion for Leave to File a Seconded Amended Complaint . Document filed by Anita Bowen..(Mesidor, Marjorie) |
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Att: 1
Exhibit 1
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| Friday, November 01, 2024 | ||
| 28 | 28
order
Memo Endorsement ~Util - Terminate Motions
Fri 11/01 9:30 PM
MEMO ENDORSEMENT on re:27 LETTER MOTION for Leave to File Excess Pages. ENDORSEMENT: Application GRANTED. Plaintiff may submit a 31-page memorandum of law in opposition to the motion to dismiss. Future submissions must comply with the Court's Individual Rules and Practices in Civil Cases. See, e.g. , R. 5.B ("Requests to exceed the[] page limits [set forth in the Court's Individual Rules]... must be made five business days before the deadline." (emphasis in original)). The Clerk of Court is directed to terminate ECF No. 27. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 11/1/2024) (kpk) |
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| Thursday, October 31, 2024 | ||
| 27 | 27
motion
File Excess Pages
Thu 10/31 7:18 PM
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jennifer H. Rearden from Marjorie Mesidor dated 10/31/2024. Document filed by Anita Bowen..(Mesidor, Marjorie) |
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| Friday, October 18, 2024 | ||
| 26 | 26
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Fri 10/18 10:45 AM
ORDER denying as moot24 Letter Motion for Extension of Time to File Response/Reply ; granting25 Letter Motion for Extension of Time to File Response/Reply. Plaintiff's request at ECF No. 25 is GRANTED, and the deadline for her to respond to the motion to dismiss (ECF No. 20) is EXTENDED up to and including November 4, 2024. The request at ECF No. 24 is DENIED as moot. The Clerk of Court is respectfully directed to close ECF Nos. 24 and 25. SO ORDERED.( Responses due by 11/4/2024.) (Signed by Magistrate Judge Sarah L. Cave on 10/18/24) (yv) |
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| Thursday, October 17, 2024 | ||
| 25 | 25
motion
Extension of Time to File Response/Reply
Thu 10/17 3:17 PM
SECOND LETTER MOTION for Extension of Time to File Response/Reply as to24 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Marjorie Mesidor dated October 2, 2024. addressed to Judge Jennifer H. Rearden from Velly Polycarpe dated October 17, 2024. Document filed by Anita Bowen..(Mesidor, Marjorie) |
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| Wednesday, October 02, 2024 | ||
| 24 | 24
motion
Extension of Time to File Response/Reply
Wed 10/02 1:50 PM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jennifer H. Rearden from Marjorie Mesidor dated October 2, 2024. Document filed by Anita Bowen..(Mesidor, Marjorie) |
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| Monday, September 23, 2024 | ||
| 23 | 23
misc
Rule 7.1 Corporate Disclosure Statement
Mon 09/23 4:29 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fabiani, Cohen & Hall, LLP..(Griffin, Heather) |
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| Friday, September 20, 2024 | ||
| 22 | 22
motion
Oral Argument
Fri 09/20 9:03 PM
LETTER MOTION for Oral Argument regarding Defendants' Motion Dismiss addressed to Judge Jennifer H. Rearden from Heather E. Griffin, Esq. dated September 20, 2024. Document filed by Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall..(Griffin, Heather) |
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| 21 | 21
30+
pgs
respm
Memorandum of Law in Support of Motion
Fri 09/20 8:58 PM
MEMORANDUM OF LAW in Support re:20 MOTION to Dismiss . . Document filed by Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall..(Griffin, Heather) |
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| 20 | 20
motion
Dismiss
Fri 09/20 8:57 PM
MOTION to Dismiss . Document filed by Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall..(Griffin, Heather) |
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| Friday, September 13, 2024 | ||
| 19 | 19
1
pgs
order
Order on Motion for Leave to File Excess Pages
Fri 09/13 5:41 PM
ORDER granting18 Letter Motion for Leave to File Excess Pages Application GRANTED. The Clerk of Court is directed to terminate ECF No. 18. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/13/2024) (jca) |
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| 18 | 18
motion
File Excess Pages
Fri 09/13 4:20 PM
LETTER MOTION for Leave to File Excess Pages addressed to Judge Jennifer H. Rearden from Heather E. Griffin, Esq. dated September 13, 2024. Document filed by Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall..(Griffin, Heather) |
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| Thursday, August 29, 2024 | ||
| 17 | 17
cmp
Amended Complaint
Thu 08/29 4:27 PM
FIRST AMENDED COMPLAINT amending1 Complaint against Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall with JURY DEMAND.Document filed by Anita Bowen. Related document:1 Complaint..(Mesidor, Marjorie) |
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| Wednesday, July 24, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Wed 07/24 10:47 AM
NOTICE OF APPEARANCE by Heather Elise Griffin on behalf of Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall..(Griffin, Heather) |
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| Monday, July 22, 2024 | ||
| 15 | 15
service
Waiver of Service Executed
Mon 07/22 5:38 PM
WAIVER OF SERVICE RETURNED EXECUTED. Stephen M. Cohen waiver sent on 7/22/2024, answer due 9/20/2024; John V. Fabiani waiver sent on 7/22/2024, answer due 9/20/2024; Fabiani, Cohen & Hall, LLP waiver sent on 7/22/2024, answer due 9/20/2024; Thomas J. Hall waiver sent on 7/22/2024, answer due 9/20/2024. Document filed by Anita Bowen..(Mesidor, Marjorie) |
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| Thursday, July 18, 2024 | ||
| 14 | 14
service
Summons Issued
Thu 07/18 4:04 PM
ELECTRONIC SUMMONS ISSUED as to Fabiani, Cohen & Hall, LLP..(pc) |
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| 13 | 13
service
Summons Issued
Thu 07/18 4:04 PM
ELECTRONIC SUMMONS ISSUED as to John V. Fabiani..(pc) |
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| 12 | 12
service
Summons Issued
Thu 07/18 4:03 PM
ELECTRONIC SUMMONS ISSUED as to Stephen M. Cohen..(pc) |
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| 11 | 11
service
Summons Issued
Thu 07/18 4:03 PM
ELECTRONIC SUMMONS ISSUED as to Thomas J. Hall..(pc) |
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| Wednesday, July 17, 2024 | ||
| 10 | 10
service
Request for Issuance of Summons
Wed 07/17 10:13 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Thomas J. Hall, re:1 Complaint. Document filed by ANITA BOWEN..(Mesidor, Marjorie) |
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| 9 | 9
service
Request for Issuance of Summons
Wed 07/17 10:12 AM
REQUEST FOR ISSUANCE OF SUMMONS as to John V. Fabiani, re:1 Complaint. Document filed by ANITA BOWEN..(Mesidor, Marjorie) |
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| 8 | 8
service
Request for Issuance of Summons
Wed 07/17 10:04 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Stephen M. Cohen, re:1 Complaint. Document filed by ANITA BOWEN..(Mesidor, Marjorie) |
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| 7 | 7
service
Request for Issuance of Summons
Wed 07/17 10:02 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Fabiani, Cohen & Hall, LLP, re:1 Complaint. Document filed by ANITA BOWEN..(Mesidor, Marjorie) |
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| 6 | 6
notice
Notice of Substitution of Attorney
Wed 07/17 9:49 AM
NOTICE of Substitution of Attorney. Old Attorney: Gerome Pinkins, New Attorney: Marjorie Mesidor and Velly B. Polycarpe, Address: Mesidor PLLC, 260 Madison Avenue 8th Floor, New York, New York, United States 10016,. Document filed by ANITA BOWEN..(Mesidor, Marjorie) |
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| Monday, July 15, 2024 | ||
| 5 | 5
notice
Notice of Appearance
Mon 07/15 7:12 PM
NOTICE OF APPEARANCE by Velly B. Polycarpe on behalf of ANITA BOWEN..(Polycarpe, Velly) |
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| Thursday, May 23, 2024 | ||
| 4 | 4
notice
Notice of Appearance
Thu 05/23 12:39 PM
NOTICE OF APPEARANCE by Marjorie Mesidor on behalf of ANITA BOWEN..(Mesidor, Marjorie) |
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| Monday, May 13, 2024 | ||
| 3 | 3
1
pgs
order
Order Referring Case to Magistrate Judge
Mon 05/13 11:16 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L. Cave. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/13/2024) (jca) |
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| Wednesday, May 01, 2024 | ||
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notice
Case Opening Initial Assignment Notice
Wed 05/01 11:41 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Wed 05/01 11:42 AM
Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Wed 05/01 11:43 AM
Case Designated ECF. (pc) |
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misc
Notice to Attorney Regarding Party Modification
Wed 05/01 11:43 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gerome Pinkins. The party information for the following party/parties has been modified: ANITA BOWEN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 05/01 11:43 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gerome Pinkins. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Queens;. (pc) |
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| Tuesday, April 30, 2024 | ||
| 2 | 2
misc
Civil Cover Sheet
Tue 04/30 7:11 PM
CIVIL COVER SHEET filed..(Pinkins, Gerome) |
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| 1 | 1
24
pgs
cmp
Complaint
Tue 04/30 7:08 PM
COMPLAINT against Stephen M. Cohen, John V. Fabiani, Fabiani, Cohen & Hall, LLP, Thomas J. Hall. (Filing Fee $ 405.00, Receipt Number ANYSDC-29292109)Document filed by ANITA BOWEN..(Pinkins, Gerome) |
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