New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL...

16
©2021 ALM MEDIA PROPERTIES, LLC. MONDAY, APRIL 12, 2021 VOLUME 265—NO. 68 $4.00 Serving the Bench and Bar Since 1888 WWW. NYLJ.COM BY TOM MCPARLAND A MANHATTAN federal judge held Friday that prosecutors are required to turn over to the defense allegations of misconduct by tes- tifying officers in criminal cases, setting up a conflict between New York state and federal law. The ruling, from U.S. District Chief Judge Colleen McMahon of the Southern District of New York, rejected a determination by the New York state's highest court, which held that prosecu- tors' disclosure obligations under Brady v. Maryland did not extend to inquiring about unrelated civil lawsuits filed against police offi- cers who may be called to testify against defendants in criminal trials. In a 23-page opinion, McMahon said that "Brady and its progeny do not contain such an exception" for misconduct allegations that could be used to impeach testifying offi- cers on the stand. Likewise, she said, officers who serve as key wit- nesses in criminal trials have an obligation under Brady to disclose to the prosecution any Holland & Knight and Thompson & Knight In Combination Talks Holland & Knight and Thomp- son & Knight are in merger talks, a deal that would create a newly 1,600-lawyer firm in 30 offices, the firms said in a Friday statement. The firms are completing dili- gence in connection with the deal, and expect to complete it within 90 days. A tentative clos- ing date is set for this summer, the firms said. The tie-up talks come at a time when interest in merger talks is reportedly heating up across the U.S. For Thompson & Knight, in particular, the merger talks come a year after the firm’s revenue and profits dropped by double digits amid an increasingly Texas competi- tive market. Holland & Knight, meanwhile, has continued to express interest this year in new growth opportunities. Combined revenue for the firms would exceed $1.2 billion. That’s a size close to firms with- in the Am Law 25, according to last year’s Am Law 100 ranking. In 2020, revenue at Thompson & Knight, with 252 lawyers was $195.1 million, while Holland & Knight brought in $1.044 billion, with 1,159 lawyers. Mark Sloan, the manag- ing partner of Texas-based Thompson & Knight, and Ste- ven Sonberg, managing part- ner of Florida-based Holland & Knight, said in a written state- ment that the proposed com- bination would “expand signifi- cantly” each firm’s presence in important markets and improve the depth and breadth of ser- vices offered to clients in key industries. “More importantly, the com- bination would bring together two firms who share similar cultures, and who are focused on providing excellent client service in a collaborative and diverse,” the firm leaders said in a statement. Holland & Knight, ranked No. 38 in last year’s Am Law 200, and Thompson & Knight, No. 141, have far different finan- cial models. Holland’s revenue per lawyer last year, at about $900,001, is 16% higher than its partner’s RPL at $773,000. Meanwhile, Holland’s $1.7 mil- lion in profits per equity partner exceeds Thompson & Knight’s at $906,000. However, both firms share some similarities — besides both having a “Knight” in their law firm letterhead. The firms have long aimed to grow out- side their home regions and gain market share in other high billing rate regions. Kent Zimmermann, a law firm management consultant at the Zeughauser Group who is not involved with the transaction, observed that a combination would be a “big accomplish- ment” for both firms. Holland & Knight is looking to grow, he said, and Thomp- son & Knight has been highly sought-after for many years, in part due to its “crown jewel” oil and gas practice focused on private equity and M&A. But the firm also has other strong practices, including real estate, intellectual property, litigation and tax, he said. In part because of a slow- down in the energy industry that began in late 2019, revenue at Thompson & Knight declined by 10% when compared with the prior year and profits dropped by 16%. However, the firm posted record financials in 2018. Zimmermann said Thomp- son & Knight, like some other firms in Texas, was impacted in 2020 by a soft oil and gas industry, the COVID-19 pan- demic, and continuing compe- tition for talent waged by the growing number of First Department INSURANCE LITIGATION: Employer need not defend, indemnify in employee’s personal injury action. Aspen Specialty Ins. Co. v. RLI Ins. Co. Inc., App. Div. PUBLIC RECORDS: Petitioner denied petition directing NYPD to produce records relating to MDFT use. Mat- ter of Upturn Inc. v. N.Y.C. Police Dep’t, Supreme Court, New York. TRUSTS AND ESTATES: Mother grant- ed summary judgment disqualifying child’s father as distributee, benefi- ciary. Matter of Estate of Lee, Surrogate’s Court, New York CRIMINAL LAW: Court finds People complied with discovery obligations, certificate of compliance is valid. Peo- ple v. Fittahy, Criminal Court, New York. Second Department MEDICAL MALPRACTICE: Conflicting expert reports denies defendants dis- missal of medical malpractice com- plaint. Burrell v. N.Y.C. Health & Hosp. Corp., Supreme Court, Kings. FAMILY LAW: Absent factual, legal basis agency denied OSC to extend father’s suspended judgment. Matter of Adam E., Family Court, Kings. Fourth Department CRIMINAL APPEALS: Sentence on weapon possession charge modified to run concurrently to murder count. People v. Alligood, App. Div. U.S. Courts CRIMINAL LAW: Trial evidence held sufficient to support jury’s verdict of guilt for insider trading. U.S. v. Chow, 2d Cir.. BANKRUPTCY: Evidence does not sup- port answer’s strike, default judgment as sanction for noncompliance. Reifler v. O’Toole, SDNY. CIVIL PROCEDURE: Balance of Rule 60(b)(1) factors favor former council- man’s relief from default judgment. King v. City of New York, SDNY. CRIMINAL LAW: Yacht’s interlocutory sale denied; information as to value, maintenance costs not reliable. U.S. v. Cabasso, EDNY. DECISION SUMMARIES, Page 17 FULLTEXT DECISIONS, nylj.com DECISIONS OF INTEREST » Page 4 What the Battles Over Biden’s DOJ Picks Mean For His Diverse Judicial Nominees » 2 Follow us on @NYLawJournal Twitter INSIDE LAW JOURNAL Calendar of Events ............. 8 Classifieds ......................... 12 Court Calendars ............... 10 Court Notes ...................... 11 Decisions........................... 17 Expert Analysis .................. 3 Judicial Ethics Opinions..... 6 Lawyer to Lawyer .............. 3 Legal Experts & Services... 13 Legal Notices ............... 12, 22 Outside Counsel ................. 4 Verdicts & Settlements ...... 5 See page 2 for complete Inside lineup. IN BRIEF SPECIAL REPORT 9 Elite New York Firms’ 2020 Financial Performance Furthers Strategic Advantage McMahon Ruling: Prosecutors Must Turn Over Testifying Officers’ Misconduct Claims BY CHRISTINE SIMMONS FOR MANY of New York’s elite firms, 2020 brought about record financial fortunes amid a pandemic and economic recession, early Am Law 100 data shows, leading to the highest-ever posted partner profits and creating further pay stratifica- tion within the Am Law 200. The profit boost for some of these New York firms, as well as high demand in deal work, have created business opportunities in the last year that could serve to further that divide. Several firms engaged in some of their most expansive lateral hiring, while some also used the period to move further away from the strict lock- step partner pay model. It was a banner year by most financial metrics, achieved on the back of lower expenses but also a frenzy of transactional work, including SPAC deals; debt, bond and finance matters; initial public offerings; and large M&A transac- tions in the second half of 2020, as well as an uptick in restructuring. Among 19 firms in the Am Law 100 that are homegrown to New York, most increased revenue and average profits per equity partner. In particular, eight firms’ revenues soared more than 10%, while 11 of the 19 firms had aver- » Page 6 » Page 7 BY RYAN TARINELLI FOR THE first time in its his- tory, the Commission on Judicial Nomination has put forward a list composed entirely of women can- didates to fill a spot on New York’s highest court. The commission, which was created in the 1970s through an amendment to the state constitu- tion, revealed Thursday their nomi- nees for an upcoming vacancy on the Court of Appeals. That vacancy is tied to the retirement of Judge Leslie Stein, who is expected to step down from the court in early June. The decision of who gets the nod for the state’s top bench now falls to Gov. Andrew Cuomo, who must select one of the nominees as his appointee. The embattled third-term governor must make an appointment no later than May 8, according to the commission. “I’m delighted to see the list,” said Sharon Stern Gerstman, for- mer president of the First All-Woman Candidate List For High Court BY TOM MCPARLAND AND JANE WESTER MARC Mukasey confirmed Friday morning that he and fellow Man- hattan-based criminal defense attorney Isabelle Kirshner were representing U.S. Rep. Matt Gaetz, R-Florida, amid a federal investi- gation related to the alleged sex trafficking of a minor. Their involvement in the case was first reported Friday by NBC News. Hours after the NBC report, the U.S. House of Representatives’ ethics committee announced it was also investigating Gaetz. The New York Times reported Thursday that Joel Greenberg, a former local tax collector in Florida, is expected to plead guilty to federal charges in the case, which also targets Gaetz. It was not clear if Greenberg had entered a cooperating agreement with prosecutors, the Times said, but such a deal could further expose the congressman to legal jeopardy. The investigation reportedly centers on whether Gaetz and Greenberg had recruited women online for sex, in exchange for cash payments. Gaetz has also come under scrutiny for allegedly hav- ing sex with a 17-year-old girl, the Times reported. Isabelle Kirshner, with Clayman & Rosenberg, left, and Marc Mukasey, with Mukasey Frenchman » Page 2 BY MARCIA COYLE AND JACQUELINE THOMSEN PRESIDENT Joe Biden, just three days after a U.S. Supreme Court justice cautioned against restruc- turing the high court, officially announced a commission to take an expansive look at the role of the court, its case selection, rules and practices, and the size and tenure of its membership. The warning about court pack- ing came from Justice Stephen Breyer, the court's oldest mem- ber and one of three Democratic- appointed justices currently serv- ing on the court. Breyer has been under pressure from liberal groups to retire soon and give Biden the opportunity to appoint the first Black female justice. "I hope and expect that the court will retain its authority, an authority that my stories have shown was hard- won," Breyer said in a lecture Tuesday at Harvard Law School. "But that authority, like the rule of law, depends on trust, a trust that the court is guided by legal principle, not politics. Structural alteration motivated by the percep- tion of political influence can only feed that perception, further erod- ing that trust. There are no short cuts to it." Biden's executive order directs the new commission to complete its report within 180 days of its first meeting. "This action is part of the administration’s commit- ment to closely study measures to improve the federal judiciary, including those that would expand access the court system," accord- ing to a White House statement. Former Obama-era » Page 4 NY Lawyers Mukasey, Kirshner Representing Fla. Congressman Matt Gaetz Amid Federal Probe DAVID HANDSCHUH Meet the Group Advising Biden on Supreme Court Reform: Ex-Clerks, Former Judges and Lots of Law Professors Among the NY-based lawyers named to the commission are, from left, Michelle Adams of Benjamin N. Cardozo School of Law, Bob Bauer of New York Univer- sity School of Law, and Bert Huang of Columbia University Law School. RYLAND WEST/ALM RADZINSCHI; COURTESY PHOTOS The announcement on Thursday from the Commission on Judicial Nomination comes at a time of extraordinary turnover at the state’s highest court. MONIKA KOZAK/ALM » Page 8 Online The Southern District decision is posted at nylj.com. BONDS Appeals Discharge Lien Guardian Supersedeas Executor Lost Instrument Express Solutions Expressly for Bonding Problems Since 1933 THE BLAIKIE GROUP 111 John St., 16th Floor New York, New York 10038 212-962-BOND 212-267-8440 D. Nicholas Blaikie Colette M. Blaikie Fayth Vasseur Annie Sawh www.blaikiegroup.com [email protected] #newyorkstrong Your hiring partner Build Your Legal Team. Go to lawjobs.com and choose the most v 8 Get exclusive access to news-breaking ver dicts including: • Insightful trends in your jurisdiction • Detailed briefs • T op weekly verdicts for your practice area V erdict & Settlement Trends in Y our State To get started, visit VerdictSearch.com/verdictnews or contact the VerdictSearch Sales Team at 1-800-445-6823

Transcript of New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL...

Page 1: New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL PROCEDURE: Denial of bank-ruptcy trustee’s recovery of $200,000 security under FRCP

©2021 ALM MEDIA PROPERTIES, LLC.

MONDAY, APRIL 12, 2021VOLUME 265—NO. 68 $4.00 Serving the Bench and Bar Since 1888WWW. NYLJ.COM

BY TOM MCPARLAND

A MANHATTAN federal judge held Friday that prosecutors are required to turn over to the defense allegations of misconduct by tes-tifying officers in criminal cases, setting up a conflict between New York state and federal law.

The ruling, from U.S. District Chief Judge Colleen McMahon of the Southern District of New York, rejected a determination

by the New York state's highest court, which held that prosecu-tors' disclosure obligations under Brady v. Maryland did not extend to inquiring about unrelated civil lawsuits filed against police offi-cers who may be called to testify against defendants in criminal trials.

In a 23-page opinion, McMahon said that "Brady and its progeny do not contain such an exception" for misconduct allegations that could be used to impeach testifying offi-cers on the stand. Likewise, she said, officers who serve as key wit-nesses in criminal trials have an obligation under Brady to disclose to the prosecution any

Holland & Knight and Thompson & Knight In Combination Talks

Holland & Knight and Thomp-son & Knight are in merger talks, a deal that would create a newly 1,600-lawyer firm in 30 offices, the firms said in a Friday statement.

The firms are completing dili-gence in connection with the deal, and expect to complete it within 90 days. A tentative clos-ing date is set for this summer, the firms said.

The tie-up talks come at a time when interest in merger talks is reportedly heating up across the U.S. For Thompson & Knight, in particular, the merger talks come a year after the firm’s revenue and profits dropped by double digits amid an increasingly Texas competi-tive market. Holland & Knight, meanwhile, has continued to express interest this year in new growth opportunities.

Combined revenue for the firms would exceed $1.2 billion. That’s a size close to firms with-in the Am Law 25, according to last year’s Am Law 100 ranking. In 2020, revenue at Thompson & Knight, with 252 lawyers was $195.1 million, while Holland & Knight brought in $1.044 billion, with 1,159 lawyers.

Mark Sloan, the manag-ing partner of Texas-based Thompson & Knight, and Ste-ven Sonberg, managing part-ner of Florida-based Holland & Knight, said in a written state-ment that the proposed com-bination would “expand signifi-cantly” each firm’s presence in important markets and improve the depth and breadth of ser-vices offered to clients in key industries.

“More importantly, the com-bination would bring together two firms who share similar cultures, and who are focused on providing excellent client service in a collaborative and diverse,” the firm leaders said in a statement.

Holland & Knight, ranked No. 38 in last year’s Am Law 200, and Thompson & Knight, No. 141, have far different finan-cial models. Holland’s revenue per lawyer last year, at about $900,001, is 16% higher than its partner’s RPL at $773,000. Meanwhile, Holland’s $1.7 mil-lion in profits per equity partner exceeds Thompson & Knight’s at $906,000.

However, both firms share some similarities — besides both having a “Knight” in their law firm letterhead. The firms have long aimed to grow out-side their home regions and gain market share in other high billing rate regions.

Kent Zimmermann, a law firm management consultant at the Zeughauser Group who is not involved with the transaction, observed that a combination would be a “big accomplish-ment” for both firms.

Holland & Knight is looking to grow, he said, and Thomp-son & Knight has been highly sought-after for many years, in part due to its “crown jewel” oil and gas practice focused on private equity and M&A. But the firm also has other strong practices, including real estate, intellectual property, litigation and tax, he said.

In part because of a slow-down in the energy industry that began in late 2019, revenue at Thompson & Knight declined by 10% when compared with the prior year and profits dropped by 16%. However, the firm posted record financials in 2018.

Zimmermann said Thomp-son & Knight, like some other firms in Texas, was impacted in 2020 by a soft oil and gas industry, the COVID-19 pan-demic, and continuing compe-tition for talent waged by the growing number of

First Department

INSURANCE LITIGATION: Employer

need not defend, indemnify in

employee’s personal injury action. Aspen Specialty Ins. Co. v. RLI Ins. Co. Inc., App. Div.

PUBLIC RECORDS: Petitioner denied

petition directing NYPD to produce

records relating to MDFT use. Mat-ter of Upturn Inc. v. N.Y.C. Police Dep’t, Supreme Court, New York.

TRUSTS AND ESTATES: Mother grant-

ed summary judgment disqualifying

child’s father as distributee, benefi-

ciary. Matter of Estate of Lee, Surrogate’s Court, New York

CRIMINAL LAW: Court finds People

complied with discovery obligations,

certificate of compliance is valid. Peo-ple v. Fittahy, Criminal Court, New York.

Second Department

MEDICAL MALPRACTICE: Conflicting

expert reports denies defendants dis-

missal of medical malpractice com-

plaint. Burrell v. N.Y.C. Health & Hosp. Corp., Supreme Court, Kings.

FAMILY LAW: Absent factual, legal

basis agency denied OSC to extend

father’s suspended judgment. Matter of Adam E., Family Court, Kings.

Fourth Department

CRIMINAL APPEALS: Sentence on weapon possession charge modified to run concurrently to murder count. People v. Alligood, App. Div.

U.S. Courts

CRIMINAL LAW: Trial evidence held sufficient to support jury’s verdict of guilt for insider trading. U.S. v. Chow, 2d Cir..

BANKRUPTCY: Evidence does not sup-port answer’s strike, default judgment as sanction for noncompliance. Reifler v. O’Toole, SDNY.

CIVIL PROCEDURE: Balance of Rule 60(b)(1) factors favor former council-man’s relief from default judgment. King v. City of New York, SDNY.

CRIMINAL LAW: Yacht’s interlocutory sale denied; information as to value, maintenance costs not reliable. U.S. v. Cabasso, EDNY.

DECISION SUMMARIES, Page 17 FULLTEXT DECISIONS, nylj.com

DECISIONS OF INTEREST

» Page 4

What the Battles Over Biden’s DOJ Picks Mean For His Diverse Judicial Nominees »2

Follow us on

@NYLawJournalTwitter

INSIDE LAW JOURNAL

Calendar of Events .............8

Classifieds ......................... 12

Court Calendars ............... 10

Court Notes ...................... 11

Decisions ........................... 17

Expert Analysis ..................3

Judicial Ethics Opinions ..... 6

Lawyer to Lawyer ..............3

Legal Experts & Services ... 13

Legal Notices ...............12, 22

Outside Counsel .................4

Verdicts & Settlements ......5

See page 2 for complete

Inside lineup.

IN BRIEF

SPECIAL REPORT 9

Elite New York Firms’ 2020 Financial Performance Furthers Strategic Advantage

McMahon Ruling: ProsecutorsMust Turn Over TestifyingOfficers’ Misconduct Claims

BY CHRISTINE SIMMONS

FOR MANY of New York’s elite firms, 2020 brought about record financial fortunes amid a pandemic and economic recession, early Am Law 100 data shows, leading to the highest-ever posted partner profits and creating further pay stratifica-tion within the Am Law 200.

The profit boost for some of these New York firms, as well as high demand in deal work, have created business opportunities in the last year that could serve to further that divide. Several firms engaged in some of their most expansive lateral hiring, while

some also used the period to move further away from the strict lock-step partner pay model.

It was a banner year by most financial metrics, achieved on the back of lower expenses but also a frenzy of transactional work, including SPAC deals; debt, bond and finance matters; initial public offerings; and large M&A transac-tions in the second half of 2020, as well as an uptick in restructuring.

Among 19 firms in the Am Law 100 that are homegrown to New York, most increased revenue and average profits per equity partner. In particular, eight firms’ revenues soared more than 10%, while 11 of the 19 firms had aver- » Page 6 » Page 7

BY RYAN TARINELLI

FOR THE first time in its his-tory, the Commission on Judicial Nomination has put forward a list composed entirely of women can-didates to fill a spot on New York’s highest court.

The commission, which was created in the 1970s through an amendment to the state constitu-tion, revealed Thursday their nomi-nees for an upcoming vacancy on the Court of Appeals. That vacancy

is tied to the retirement of Judge Leslie Stein, who is expected to step down from the court in early June.

The decision of who gets the nod for the state’s top bench now falls to Gov. Andrew Cuomo, who must select one of the nominees as his appointee. The embattled third-term governor must make an appointment no later than May 8, according to the commission.

“I’m delighted to see the list,” said Sharon Stern Gerstman, for-mer president of the

First All-WomanCandidate ListFor High Court

BY TOM MCPARLAND AND JANE WESTER

MARC Mukasey confirmed Friday morning that he and fellow Man-hattan-based criminal defense attorney Isabelle Kirshner were representing U.S. Rep. Matt Gaetz, R-Florida, amid a federal investi-gation related to the alleged sex trafficking of a minor.

Their involvement in the case was first reported Friday by NBC News. Hours after the NBC report, the U.S. House of Representatives’ ethics committee announced it was also investigating Gaetz.

The New York Times reported

Thursday that Joel Greenberg, a former local tax collector in Florida, is expected to plead guilty to federal charges in the case, which also targets Gaetz. It was not clear if Greenberg had entered a cooperating agreement with prosecutors, the Times said, but such a deal could further expose the congressman to legal jeopardy.

The investigation reportedly centers on whether Gaetz and Greenberg had recruited women online for sex, in exchange for cash payments. Gaetz has also come under scrutiny for allegedly hav-ing sex with a 17-year-old girl, the Times reported.

Isabelle Kirshner, with Clayman & Rosenberg, left, and Marc Mukasey, with Mukasey Frenchman

» Page 2

BY MARCIA COYLE AND JACQUELINE THOMSEN

PRESIDENT Joe Biden, just three days after a U.S. Supreme Court justice cautioned against restruc-turing the high court, officially announced a commission to take an expansive look at the role of the court, its case selection, rules and practices, and the size and tenure of its membership.

The warning about court pack-ing came from Justice Stephen Breyer, the court's oldest mem-ber and one of three Democratic-appointed justices currently serv-ing on the court. Breyer has been under pressure from liberal groups

to retire soon and give Biden the opportunity to appoint the first Black female justice. "I hope and expect that the court will retain

its authority, an authority that my stories have shown was hard-won," Breyer said in a lecture Tuesday at Harvard Law School.

"But that authority, like the rule of law, depends on trust, a trust that the court is guided by legal principle, not politics. Structural alteration motivated by the percep-tion of political influence can only feed that perception, further erod-ing that trust. There are no short cuts to it."

Biden's executive order directs the new commission to complete its report within 180 days of its first meeting. "This action is part of the administration’s commit-ment to closely study measures to improve the federal judiciary, including those that would expand access the court system," accord-ing to a White House statement. Former Obama-era » Page 4

NY Lawyers Mukasey, Kirshner Representing Fla. Congressman Matt Gaetz Amid Federal Probe

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Meet the Group Advising Biden on Supreme Court Reform: Ex-Clerks, Former Judges and Lots of Law Professors

Among the NY-based lawyers named to the commission are, from left, Michelle Adams of Benjamin N. Cardozo School of Law, Bob Bauer of New York Univer-sity School of Law, and Bert Huang of Columbia University Law School.

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The announcement on Thursday from the Commission on Judicial Nomination comes at a time of extraordinary turnover at the state’s highest court.

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» Page 8

Online

The Southern District decision

is posted at nylj.com.

BONDS

AppealsDischarge LienGuardian

SupersedeasExecutorLost Instrument

Express Solutions Expressly forBonding Problems Since 1933

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BLAIKIEGROUP

111 John St., 16th FloorNew York, New York 10038

212-962-BOND 212-267-8440D. Nicholas BlaikieColette M. Blaikie

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[email protected]

#newyorkstrong

Your hiring partner

Build Your Legal Team.Go to lawjobs.comand choose the most

To get started, visit VerdictSearch.com/vcontact the VerdictSearch Sales Team at 1-8

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• Insightful trends in your

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• Detailed briefs

• Top weekly verdicts for

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or contact the VerdictSearch Sales Team at 1-800-445-6823

Page 2: New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL PROCEDURE: Denial of bank-ruptcy trustee’s recovery of $200,000 security under FRCP

2 | MONDAY, APRIL 12, 2021 | NYLJ.COM

Inside

Executive Compensation »3

March to the Beat of Your Own Drummer: Amazon’s Practices by Howard M. Berkower

Texas AG Sued for Blocking Twitter Critics Days After SCOTUS Tossed Trump Lawsuit by Jacqueline Thomsen »3

Outside Counsel »4

Intermediate Copying, AI and Best Practices for Counseling Music Clients by Daniel A. Schnapp and Alexis P. Grilli

Opinions From The Advisory Committee On Judicial Ethics »6

Perspective »5

$600,000 verdicts in a motor vehicle case: Plaintiff Claimed Car Crash Caused Injuries of Spine, Shoulder

$23,456 verdict in a premises liability case: Negligent Repair and/or Maintenance — Dangerous Homeowner Rejected Blame For Visitor’s Fall in Yard

... and more

Online

Court Calendars

Civil and Supreme Court calendars for New York and surrounding counties are now available weeks in advance at nylj.com. Search cases by county, index, judge or party name. Important Part information, including addresses, phone numbers and courtrooms are updated daily. Only at nylj.com.

Calendar of Events »8

Online

Today’s Tip

View the special report digital edition and download today’s paper at the Law Journal Download Center. Only at nylj.com.

Online

Submit a legal notice for publication on nylj.com.

BY JACQUELINE THOMSEN

THE POLITICAL fight over Presi-dent Joe Biden’s diverse nominees for the Justice Department and fed-eral courts is already taking shape in the U.S. Senate.

While Attorney General Mer-rick Garland and Biden’s pick for the No. 2 job at the department, Lisa Monaco, have seen relatively smooth paths to confirmation, the fights over two other nominees are setting the tone for how the committee might approach similar picks in the future, including those for judgeships.

Vanita Gupta, nominated to be associate attorney general, and Kristen Clarke—picked to lead DOJ’s civil rights division—are both civil rights lawyers facing opposition from conservatives, with some critics advancing spe-cious and debunked claims against both women. Democrats, as well as Garland, have gone to bat for the nominees, pushing back against the efforts.

Liberal groups are cheering the nominees put forward by Biden, citing their diverse backgrounds and experiences, and some are preparing to defend them through the confirmation process. But conservatives are preparing to counter those picks, and worries that the diverse slate of judicial nominees will face attacks simi-lar to those leveled against the pair of DOJ picks are starting to bubble up.

“We have already seen Senate Republicans’ willingness to mali-ciously smear Biden’s nominees, particularly targeting those who are not white men,” Alliance for Justice President Nan Aron said in a statement after the judicial nominees were announced. “We will not abide their callous attacks.”

The Judicial Crisis Network, a conservative group, previously ran an ad pushing a debunked claim that Gupta wanted to defund the police, even as her nomination was supported by the law enforcement groups. Republicans on the Judicia-ry Committee also raised concerns about past remarks Gupta made while president of the Leadership Conference on Civil and Human Rights about judges nominated by President Donald Trump; Gupta at her confirmation hearing said she regretted the “harsh rhetoric I have used at times in the last several years.”

Even with the attacks, both Gupta and Clarke have seen signifi-cant support for their nominations. Gupta notched endorsements from several police organizations, including the National Fraternal Order of Police, which previously backed President Donald Trump.

Clarke has faced allegations of anti-Semitism, an attack line that Garland rejected when it was raised at his own confirmation hearing. “I’m a pretty good judge of what an anti-Semite is, and I do not believe she is an anti-Semite,” he told Sen.

Mike Lee, R-Utah. That response came later in the hearing, after Gar-land emotionally described how his grandparents came to the United States after fleeing anti-Semitism.

Clarke is also receiving exter-nal support from prominent Jew-ish groups who are defending her over the conservative attacks, and received a letter of support from the Anti Defamation League.

And Clarke is seeing support for her nomination from other sources as well. Managing partners and oth-er top lawyers from nearly 40 law firms sent a letter Wednesday to the Senate, urging Clarke’s confir-mation. They pointed to her work leading the Lawyers’ Committee for Civil Rights Under Law as showing how “she has been able to brilliant-ly harness the talent and passion of private lawyers all across America to protect the right to vote, and to ensure that the law is applied and enforced equally and justly.”

“We can think of no better law-yer in the country to lead that office in this important time in our nation’s history,” the letter reads, referring to DOJ’s civil rights divi-sion. “Ms. Clarke herself is an alum-

nus of that office, having begun her extraordinary career there, and is well-suited to lead the profession-als there with dignity, integrity, and independence. We have no doubt that she will continue to bring her brilliance, her thought-ful deliberation, and her vision for a more equal and just America to that office.”

Signatories of the letter feature managing partners and chairs from firms including Arnold & Porter Kaye Scholer; Gibson, Dunn & Crutcher; Munger, Tolles & Olson; Skadden, Arps, Slate, Meagher & Flom; Simpson Thach-er & Bartlett; Greenberg Traurig; Crowell & Moring; Perkins Coie; Paul, Weiss, Rifkind, Wharton & Garrison; Morgan, Lewis & Bockius; Cohen Milstein Sellers & Toll; Ballard Spahr; and Orrick, Herrington & Sutcliffe.

The Senate Judiciary Committee last month deadlocked on Gupta’s nomination 11-11, meaning Sen-ate leadership will have to act to bring her nomination to the floor. Clarke’s hearing before the com-mittee has not yet been formally scheduled.

‘Ready to Fight’

While no hearings have yet been scheduled for Biden’s judicial nomi-nees, the political battle over the judges is already brewing.

Aron, the head of Alliance for Justice, said in an interview the day the first court nominees were announced that her group had been primarily focused on ensuring that Biden put forward a diverse group of judges, and conversations about supporting those nominees were just beginning.

The White House’s first selec-tions for the bench have been widely celebrated by the left as a strong start in diversifying the

federal courts, after the bulk of Trump’s judicial nominees were white men from Big Law or pros-ecutorial backgrounds. Biden’s three picks for vacancies on the federal courts of appeals are all Black women, and four of the 11 nominees have backgrounds as public defenders. Others also have experience in civil rights, a background the Biden White House has stressed in solicit-ing nominees from Democratic senators.

“The leadership on the Senate Judiciary Committee is exceptionally strong, and the senators themselves I think are ready to fight,” Aron said. The committee is currently led by Sen. Dick Durbin, who took the lead-ership spot after Sen. Dianne Fein-stein said she would no longer serve as the committee’s top Democrat. The 87-year-old Democrat stepped away from the role after she faced criticism last year for praising then-committee Chair Lindsey Graham over Justice Amy Coney Barrett’s nomination hearings.

But conservatives are also pre-pared to counter the judicial nomi-nees, after spending the past four years defending Trump’s picks for the bench. The Judicial Crisis Net-work, the same conservative group that ran the ads against Gupta’s nomination, this week announced a $1 million ad campaign against the Biden judicial nominees, seek-ing to tie the picks to dark money donations to Biden’s presidential campaign.

There’s no direct evidence showing that contributions were made to the campaign in order to get those specific nominees on the bench. In an interview, Carrie Severino, president of JCN, point-ed to liberal groups celebrating the judicial nominees as reason to be concerned about their selec-tions.

When asked about the civil rights backgrounds of the nomi-nees and whether that will con-tribute to conservative criticism, Severino argued that Trump’s judi-cial nominees faced backlash for their defense of religious freedoms, which she compared to civil rights. She said the “real concern” is whether the nominees will be judg-es “who have a judicial philosophy that is going to be faithful to the Constitution and to the rule of law.”

“I think you’re gonna see the senators taking a hard look at what the position and the philosophy of judging these nominees are going to take,” Severino said.

Russ Feingold, the president of the liberal American Constitution Society and a former member of the Senate Judiciary Committee, said in an interview that his group stays out of the post-nomination process, citing its nonprofit sta-tus. Still, he said the “greatest con-cern is that we don’t want these nominees to be subjected to the kind of criticisms of President Biden’s cabinet nominees who are diverse.”

“I’m guessing you’re trying to figure out somebody that they can really go after, I think they’ll prob-ably pick their fights, about which ones they try to hit very hard,” Feingold said of Republicans on the Senate Judiciary Committee. “But those of us who are feeling very strongly about the need for people that have an understand-ing of the criminal justice system have to stand up and say, these are qualified nominees and it’s not fair to somehow put them in a nega-tive category because they were willing to use a part of their career to stand up for people who have been accused of crimes.”

@ | Jacqueline Thomsen can be reached at

[email protected].

BY KAREN SLOAN

NOTRE DAME Law School is fac-ing criticism from would-be law students and admissions experts after it waitlisted people who were previously offered admission when they didn’t pay deposits quickly enough this week.

Admissions experts say that shutting out admitted students ahead of the school’s April 15 deposit deadline because more people than expected were accept-ing those offers is unprecedented, and that the high-pressure, time-compressed tactics the school used were outside the norm.

“I’ve never seen this Thunderdo-me-type competition of, ‘Whoever gets their seat deposit in first gets to come to our law school,’” said law school admissions consultant Mike Spivey, who has 21 years of experience in the field, on an April 7 podcast on the Notre Dame situa-tion. “That’s unprecedented.”

Notre Dame’s admissions furor comes at a time when law schools nationwide are facing a surge of applications. The total number of applicants to American Bar Asso-ciation-accredited law schools is up nearly 21% compared to a year ago, according to data from the Law School Admission Council. That increase has made it trickier for schools to determine how many people to admit and the yield of admitted students who are likely

to enroll. Admissions departments rely on formulas based on historical patterns, and the unusual nature of this year’s admissions cycle is complicating those calculations.

According to a statement from Notre Dame Law, this marks the second admissions cycle in which South Bend, Indiana, school has had a rolling nonrefundable $600 seat deposit deadline of April 15 or whenever the school reaches its maximum deposit figure. It adopted that approach during the 2020 admissions cycle after an unexpectedly high number of 2019 admits opted to enroll, which left the school with a larger-than-hoped-for 1L class.

This year’s applicants were informed of that policy in their admissions letter and scholar-ship offers, the school’s statement notes. They were again reminded of the rolling nature of the seat deposit deadline in a March 19 mes-sage from the admissions director. Then shortly before noon Tuesday, admitted students were told a high-er percentage of admitted students than expected were accepting those offers, and that the school had already hit 67% of its available spots for the fall class—earlier than anticipated. The school intended to be transparent, according to the school’s statement, and in the next few hours the admissions office sent two more messages saying the school had hit 80% then 90% of its maximum deposits. By the

end of the day, deposits had hit the maximum number and admit-ted students who had not yet sent in their $600 deposits were essen-tially shut out. They were given the option to fill out a “continued inter-est form” saying they are still inter-ested in enrolling if a seat opens up. Applicants who submit that form will be ahead of those who were placed on the school’s official wait list for any available seats.

The school said Wednesday that it was not yet clear how many admitted students have filled out continued interest form, and did not disclose the number of admitted students who did not submit seat deposits in time. (It’s unlikely that

the majority of those students would end up attending anyway. Notre Dame offered admission to 700 appli-cants last year and ended up with a class of 155 first-year students, meaning slightly more than 22% of admitted students actually enrolled.)

Requiring seat deposits in the spring is a common practice in law school, intended to spur applicants to choose between schools and give admissions offices a better sense of who is likely to show up on campus in the fall. But requiring admitted students to make such an important decision within the span of a day is stressful and unfair, wrote Law School Transparency Executive Director Kyle McEntee

and law school admissions con-sultant Sydney Montgomery in a post on Above the Law that first made the situation public. It shut out admitted students who weren’t monitoring their email over that six-hour period, it tied the hands of people who were waiting to hear about scholarship offers from other law schools, and it disadvantaged admits who didn’t immediately have access to $600, they said.

“Applicants deserve a firm time-line from schools to judiciously weigh their offers and plan and budget for deposits,” reads the blog post. “When a law school fails to exercise proper enrollment man-agement, the burden to be reason-able in the midst of chaos should not shift to the applicants.”

Notre Dame applicants took to social media Wednesday to express frustration and disbelief that the school had basically closed the door on admitted students.

“After all the time and effort you put into getting to this point, it is not your responsibility to pay the price for the Notre Dame admis-sions committee’s failure to prop-erly plan out their class,” wrote one person on Reddit who said they had been admitted to the school but had not submitted a deposit in time to secure a spot. “For hundreds of years, prestigious law schools have found a way to keep their class size reasonable without resorting to the absolute, horrific nonsense that the Notre Dame admissions

committee has resorted to.”The Law School Admission

Council on Thursday declined to comment on the Notre Dame situ-ation, saying it doesn’t weigh in on the practices and policies of individual members schools. But a spokesman pointed to the orga-nization’s voluntary “Statement of Good Admission and Financial Aid Practices.” Included is a fairness guideline that says: “ Law school admission offices should strive to maintain and maximize fairness to all applicants. Applicants should have the freedom to explore as many opportunities to pursue legal education as they choose.”

Figures provided by Notre Dame suggest that the admissions office took a conservative approach this cycle. The school offered admis-sion to 630 applicants—down from a norm of about 700. But interest among those admitted students was high. The school said it regu-larly waives the $600 seat deposit when it poses a financial hardship for admitted students.

“The purpose of the deposit is for students take the decision seri-ously, not to be a financial hurdle,” reads the law school’s statement. “If students contact us and explain how it is a financial hurdle for them, then we are willing to remove it.”

Additionally, this admission cycle appears to have produced the most diverse first-year class in Notre Dame history, the school said. Among those who

What the Battles Over Biden’s DOJ Picks Mean for His Diverse Judicial Nominees

Admitted Students Get Shut Out at Notre Dame Law School Amid Deposit Frenzy

Vanita Gupta, Judge Ketanji Brown Jackson and Kristen Clarke

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Profiles Of State Judges

The Law Journal provides access to regularly updated bio information on the Empire State’s judiciary. The Office of Court Admin-istration data is enhanced daily with the judges’ latest decisions and the rules they have laid down for practitio-ners appearing before them. Only at nylj.com.

Gaetz has denied that he ever paid for sex or that he had sex with a minor.

Greenberg already faces one count of sex-trafficking, and is also charged with allegedly stalking a political rival and trying to bribe a federal official.

The Logan Circle Group, a bou-tique conservative consultancy group that is working with Gaetz, said Friday that the congressman was “going to fight back against the unfounded allegations against him.

“His legal team, led by Marc Mukasey and Isabelle Kirshner, will take the fight to those trying to smear his name with falsehoods,” Erin Elmore said on behalf of the group.

Harry Sandick, a partner at Pat-terson Belknap Webb & Tyler and a former assistant U.S. attorney in the Southern District of New York, said Mukasey and Kirshner both have extensive experience making them well-prepared for the Gaetz case.

"Gaetz appears to have some serious issues, from what’s been reported in the past two weeks, but he’s hired lawyers who are

up to the challenge of defending someone in a case like this,” Sand-ick said.

Mukasey, who departed Green-berg Traurig to found the trial boutique Mukasey, Frenchman & Sklaroff in 2019, has long been part of the orbit of former Presi-dent Donald Trump. His cases have included Trump’s lawsuit against Manhattan District Attorney Cyrus Vance Jr., who subpoenaed the for-mer president’s financial records in 2019.

Mukasey nevertheless told the Law Journal in 2019 that his firm is not a “Republican law firm.” Its early clients included Wall Street

traders, a legal recruiter, a Navy SEAL accused of murder, the law firm Pierce Bainbridge Beck Price & Hecht in suits against an ex-part-ner and an eye surgeon accused of Medicare fraud.

Kirshner is a partner in Clayman & Rosenberg, and her roster of cli-ents has included controversial figures such as former New York Attorney General Eric Schneider-man and Robert Hadden, the for-mer Columbia University obste-trician accused of sexual abuse against dozens of patients, includ-ing Evelyn Yang, the wife of former presidential candidate and current mayoral candidate Andrew Yang.

But during the late months of the Trump administration, Kirsh-ner said she would have a hard time putting aside “very strong opinions” about politics to repre-sent people connected to the then-president. Gaetz has been a vocal Trump ally.

"I only regret that I have but one political career to give to my president," Gaetz told Fox News amid Trump’s second impeach-ment process, when he offered to resign from the House of Repre-sentatives to join the Trump legal team. The Florida congressman also objected to certifying the electoral outcome in Arizona and

Pennsylvania in the early hours of Jan. 7.

Sandick noted that taking on unpopular clients, including those with whom one might not agree on everything, is part of being a crimi-nal defense lawyer. Schneiderman, a Democrat, was also the subject of intense public controversy when Kirshner began to represent him, Sandick said. Schneiderman was not charged with any crimes.

@ | Tom McParland can be reached

at [email protected]. Twitter:

@TMcParlandALM. Jane Wester can

be reached at [email protected].

Twitter: @janewester

Probe« Continued from page 1

» Page 8

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MONDAY, APRIL 12, 2021 | 3NYLJ.COM |

I am honored and hum-bled to continue the column on executive compensation and corporate governance that Joseph E. Bachelder III wrote for the New York Law Journal for over 30 years. Joe was my esteemed col-league and dear friend at McCarter & English for more than eight years. His keen analytic mind, encyclope-dic knowledge, attention to detail, concise writing skills, dogged work ethic and relentless pursuit of excel-lence greatly influenced me and all that knew him. He was a wonderful teacher and mentor who was always generous with his time. Joe Bachelder is and will always be sorely missed.

Earlier this year, in connec-tion with Amazon’s pub-lic announcement of its record-breaking annual financial results for 2020,

Jeffrey P. Bezos, the company’s founder and board chair, CEO or president since its 1994 incep-tion, announced that he would be relinquishing those positions to become Amazon’s executive chair-man sometime this autumn. To say Amazon’s 2020 financial results were “record-breaking” understates the matter: Assisted by the effects of the global pandemic, Amazon’s sales of $386 billion represented a 38% increase from 2019 and its net income of $21.3 billion amounted to a whopping 84% increase from 2019. What an opportune time to announce an executive transition! In this article I trace Amazon’s spectacular long-term success and examine its unique executive compensation practices.

Amazon went public in May 1997 when it raised $54 million by selling 36 million shares at $1.50 per share on a post-split basis. As disclosed

in its prospectus, the company had no specific plan for its initial public offering (IPO) proceeds but was going public “to create a pubic market for its stock to facilitate future access to public equity mar-kets,” and “to provide increased visibility and credibility in a mar-ketplace where many of its current and potential competitors are or will be publicly held companies.” Upon completion of its IPO Ama-

zon’s market capitalization was about $430 million and Mr. Bezos and his family controlled about 48% of the outstanding shares.

Its IPO prospectus disclosed that Amazon was founded in 1994 “to capitalize on the opportunity for online book retailing” and its strategy was “to use technology to deliver outstanding service and achieve significant econo-mies inherent in the online store model.” Amazon sought “to build strong brand recognition, customer loyalty and supplier relationships, while creating an economic model that is superior to that of the capi-tal and real estate intensive tra-

ditional book retailing business.”While you can still order books

from Amazon today, online book retailing is, at best, a minute frac-tion of Amazon’s business. Amazon is everywhere: It has revolutionized the retail market and has leveraged its online distribution network to process and fulfill the sale of products of third-party sellers. Its Amazon Prime memberships offer access to proprietary and third-party content of all kinds, includ-ing digital video. It also manufac-tures and sells electronic devices, including Kindle and Fire tablets. Amazon’s most profitable business, however, is Amazon Web Services (AWS), the dominant cloud service business in the world. For 2020, while AWS generated only 12% of Amazon’s annual sales, it was responsible for 59% of Amazon’s annual operating income.

In its IPO prospectus Amazon warned that it “intends to invest heavily in marketing and promo-tion, site development and tech-nology and operating infrastruc-ture development,” and expects to incur “substantial operating losses for the foreseeable future.” Indeed, during its first six years as a public company, Amazon incurred more than $3 billion of cumulative net losses under U.S. generally accepted accounting principles (GAAP) before record-ing $35 million of net income for 2003. It took the company another six years to earn back the $3 billion losses to “break even.” Amazon’s annual income tends to fluctuate widely from year to year with large increases often followed by large decreases, as Amazon continues to evolve.

Amazon’s $1.59 trillion market capitalization as of April 1, 2021, is surpassed only by Apple ($2.06 trillion) and Microsoft ($1.83 tril-lion). Interestingly, the price earn-ings ratio for the trailing 12-months (PE Ratio) for Amazon is 76 times earnings, more than twice as much as Apple (33 times) or Microsoft (36 times) as both companies continue to be substantially more profitable than Amazon.

To give some perspective to how profitable an invest-

HOWARD M. BERKOWER is a partner at McCarter & English. ANDY TSANG, a senior financial analyst with the firm, assisted in the preparation of this col-umn. » Page 8

By Howard M. Berkower

Its compensation program reflects the company’s “core values, including customer obsession, in-vent and simplify, bias for action, acting like owners and thinking long term, hiring and developing the best, and frugality.” As a result, stock-based com-pensation comprises the overwhelming majority of an employee’s compensa-tion package.

EXECUTIVE COMPENSATION

March to the Beat of Your Own Drummer: Amazon’s Practices

Expert Analysis

BY JACQUELINE THOMSEN

THE KNIGHT First Amendment Institute and the ACLU of Texas are suing Texas Attorney General Ken Paxton in federal court for blocking individuals on Twitter who posted critical tweets of him, days after the U.S. Supreme Court dismissed a similar challenge against former President Donald Trump as moot.

The new lawsuit, filed in the U.S. District Court for the Western Dis-trict of Texas, alleges that Paxton’s blocking of the nine individuals named in the suit is unconstitu-tional because it violates their right to speak in a public form, as well as “their right of access to important government information, and their right to petition the government for redress of grievances.” The Knight First Amendment Institute is also a plaintiff in the case.

The complaint asks a federal judge to order Paxton to unblock the nine individuals named in the suit and any other people blocked from his Twitter account.

The lawsuit alleges that Paxton’s account, @KenPaxtonTX, is used to share official government announce-ments, legal work done by his office and to retweet another account des-ignated for whoever is the Texas attorney general at that time.

“Because of the way he uses the account, Attorney General Paxton’s tweets have become an important source of news and information about his work. Further, the com-ment threads associated with the tweets have become important forums for speech by, to, and about Attorney General Paxton,” the suit reads.

The complaint alleges that Paxton’s blocking of the individu-als is “viewpoint-based” and that his practice of blocking critics “appears to be widespread.” The filing details tweets from several of the plaintiffs toward Paxton that referenced an indictment against the attorney general for securities fraud, only for them to later realize they had been blocked from the account.

One plaintiff tweeted “wear a mask nerd” after Paxton retweeted a photo of himself and another per-son at the Conservative Political Action Conference, where neither

of them were wearing masks. That plaintiff, University of Texas at El Paso student John Ruffier, who is also the president of his campus’ College Democrats chapter, had also tweeted about jail at Paxton, and later found he was blocked from the attorney general’s account.

“Multiple courts have recog-nized that government officials who use their social media accounts for official purposes violate the First Amendment if they block people from those accounts on the basis of viewpoint,” Katie Fallow, a senior staff attorney with the Knight First Amendment Institute, said in a statement. “People shouldn’t be excluded from these important democratic forums simply because an official doesn’t like what they have to say.”

The Paxton lawsuit was filed only days after the U.S. Supreme Court dismissed as moot a sepa-rate Knight First Amendment challenge to Trump blocking dis-sidents from his Twitter account; the former president was banned from the platform after the Jan. 6 riots at the U.S. Capitol, after he repeatedly used his account to falsely claim the 2020 election was rigged against him.

The U.S. Court of Appeals for the Second Circuit in 2019 ruled that Twitter was a public forum and Trump could not block critical users, but the panel did not explic-itly order the president to restore those users’ access to his account.

The justice’s brief order did not make a ruling on the merits of the case, but directed the Second Cir-cuit to vacate its previous ruling against Trump. Justice Clarence Thomas did author a concurring opinion that argued Twitter’s abil-ity to remove accounts was more dangerous than Trump’s power to block critics.

“As Twitter made clear, the right to cut off speech lies most power-fully in the hands of private digital platforms. The extent to which that power matters for purposes of the First Amendment and the extent to which that power could lawfully be modified raise interesting and important questions,” Thomas wrote. “We will soon have no choice but to address how our legal doc-trines apply to highly concentrated, privately owned information infra-structure such as digital platforms,” the justice added.

@ | Jacqueline Thomsen can be reached at

[email protected].

Texas AG Sued for Blocking Twitter Critics Days After SCOTUS Tossed Trump Lawsuit

Ken Paxton, Texas Attorney General

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Intermediate Copying, AI and Best Practices for Counseling Music Clients

Musicians and artists need to build upon their influences from the past without—hopefully—being sued

for “stealing,” while at the same time protecting their own intel-lectual property. This tightrope has long been the focus of copy-right battles, but as technology advances, the courts are working to keep up. In this article, we look at the recent decision by the U.S. Dis-trict Court for the Central District of California in the Tracy Chapman v. Nicki Minaj case, and examine an evolution in copyright law that the recording industry must take close note of—intermediate copying, arti-ficial intelligence, and its intersec-tion with the doctrine of fair use.

Initially, the recent decision by the court in Chapman v. Minaj confirms that the doctrine of fair use remains a stalwart in the abil-ity of artists to build upon their influences and defend claims of copyright infringement.

In 2018, Chapman sued Minaj, alleging copyright infringement of the musical composition of Chap-man’s song “Baby Can I Hold You.” Chapman alleged Minaj created and publically distributed an unauthor-ized derivative of the work after Minaj used a portion of the work in Minaj’s studio experimentation to create a demo of Minaj’s new work entitled “Sorry.”

The inclusion of Chapman’s pre-existing material within the “Sorry” single, should it have been finalized and released, would likely have required a copyright license from Chapman. After creating her demo, Minaj sought, but was denied, a copyright license by Chapman for use of the preexisting material. The “Sorry” demo that Minaj used to request a license from Chapman contained the preexisting Chap-man content so that Chapman could hear and understand how Minaj was proposing to use the pre-existing material. Thereafter, the “Sorry” demo, which still included a portion of Chapman’s preexisting

material, ended up in the hands of a radio DJ who played the tape on air. Chapman filed a Motion for Summary Judgment, arguing that because Minaj continued to use the sample of work within the “Sorry” demo even after Chapman had denied Minaj’s request for a license, infringement occurred.

Minaj likewise filed a Motion for Summary Judgment arguing the creation of the demo was fair use.

The court ruled in favor of Minaj as to the fair use defense of the material existing within the demo. The court focused its discussion of the fair use factors on Minaj’s “private experimentation” with the work in creating her demo, and her intent to only exploit the work for commercial purposes upon receipt of a license from Chapman. Further-more, the court weighed that this private use did not encroach on Chapman’s market for the existing work, ultimately finding the fair use factors weighed in Minaj’s favor.

Notably, the court found that it is important to allow artist experimentation with preexisting material, even without a license, in order to avoid limiting innovation and creativity.

In so doing, the court, perhaps inadvertently, provided the con-cept of “intermediate copying” some safe ground.

Intermediate Copying and Technology. Creation of a new copyrightable work in areas such as music, artwork, and computer programming often involves the necessary step of utilizing a por-tion of an existing protected work. The existing work is sampled or used in an “intermediate” capac-ity while the creator is working toward development of a final, new work.

For instance, a computer pro-grammer developing a new pro-gram designed for interacting with an existing program, must often uti-lize a certain portion of the existing protected material to properly craft the new program. It is in light of this often necessary step to cre-ating a new work that courts can be liberal in recognizing fair use defenses in response to copyright infringement litigation, as shown in the recent decision in Apple v. Corellium, 2021 Copr. L. Dec. P 31, 769; 2020 WL 8642269, where the U.S. District Court for the South-ern District of Florida held in part that Corellium’s computer product, which was designed for “facilitat-ing security testing, research, and development by, inter alia, allowing researchers to examine aspects of iOS code,” was permissible fair use.

Similarly, in the case of singers and songwriters, artists cannot always reasonably preemptively seek and obtain a license for each and every use of a portion of an existing work as they often do not yet know if their new work will in fact utilize any such preexisting material, and the rights holder may, in any event, decline. Moreover, the rights holder often requests a spe-cific example of how the requested work will be used when deciding whether or not to grant a license request. As such, the creative pro-cess, by necessity, often requires artists to sample the existing work throughout the development of the new content.

Development of Studio Tech-nology (Including AI). The digi-tization of music has profoundly changed an artist’s ability to access, manipulate and create new music. Advanced studio tech-nology and an artist’s ability to seamlessly record, mix,

DANIEL A. SCHNAPP is a partner and ALEXIS P. GRILLI is an associate at Nixon Peabody. » Page 10

BIg Law firms moving into the Texas market.

“Thompson & Knight would benefit from additional scale,” he said.

Culturally, Zimmermann said, the firms are a good fit, noting that combinations between Texas firms and firms in the Southeast or Midwest have been common.

It’s a good deal for Holland & Knight, he said, “because it helps them overnight have one of the preeminent Texas practices in one of the best and fastest-growing economies in the U.S.”

Also, the combination allows Holland & Knight to grow its cor-porate practice, which is a goal of most firms, because it com-mands higher rates on average and tends to provide work across the firm.

Combining with Thompson & Knight also provides Holland & Knight the benefit of scale. “Both firms will be stronger together rather than separately, provide more value to their partners and clients, have higher profits [and a] stronger brand,” he said.

Holland & Knight has 27 offices and Thompson & Knight has nine. The firms each have offices in Austin, Dallas, Houston, New York, London and Mexico City.

The merger talks are the latest indication of growing optimism that law firm combinations will bounce back this year after the pandemic slowed combinations last year. Two new reports in the last week about law firm mergers in the first quarter of 2021 sug-gest there is “tremendous inter-est” in growth among firms of all shapes and sizes and that the year after COVID-19 halted life in the United States could look more like the years before.

—Brenda Sapino Jeffreys

Add Baker Botts to List Of Big Law Firms Paying Special Bonuses

Baker Botts is the latest Am Law 100 firm founded in Texas to send good news about special bonuses to its associates as pres-sure to reward associates hits Am Law 200 firms around the country.

On Friday, Baker Botts manag-ing partner John Martin wrote in a memo that associates and special counsel in good stand-ing who are on track to meet or exceed billable hours require-ments will be paid two bonuses totaling up to $64,000.

That amount is the market rate set by Davis Polk & Wardwell late last month and matched by dozens of Am Law 200 firms aware of a hot lateral associate hiring market.

Baker Botts joins Vinson & Elkins and Akin Gump Strauss Hauer & Feld among Big Law firms founded in Texas in announcing the special bonus program. Dallas-based litigation boutique McKool Smith also plans to pay the bonuses to associates, accord-ing to a report.

Martin wrote in the memo that despite the challenges of the pandemic, everyone has worked hard to provide high client service, and the firm is paying the bonuses to associates and special counsel globally “in the spirit of your exemplary cli-ent service.”

Martin wrote that work-ing through the pandemic has “uncovered the full measure of the firm’s resilience, agility, creativity, determination and compassion.”

According to the memo, the bonuses will be paid after the six-month periods ending May 31 and Nov. 30. Associates and special counsel who do not qualify for the first bonus have the opportunity to get it by meet-ing or exceeding the billable and bonus-eligible hours targets for

the entire 2021 annual bonus calculation period.

The firm will also pay regular year-end bonuses to qualified associates and special counsel, according to the memo.

—Brenda Sapino Jeffreys

Nassau DA Drops More Than 1100 Warrants After NY Laws Change

Warrants in more than 1,100 Nas-sau County cases were dropped on Thursday, as the prosecutor’s office moved to dismiss them in the wake of the legalization of recreational marijuana in New York state as well as the repeal of a 1970s-era prostitu-tion law.

Newsday reported that the hearing in Nassau District Court “administratively vacated” the warrants at the behest of Nas-sau County District Attorney Madeline Singas.

In a statement, she said, “We began to review certain out-standing warrants months ago because outstanding warrants can impact a person’s ability to work or secure housing if they appear during a background check. By removing this obsta-cle, people can resume their lives without worrying about potential repercussions.”

Of the cases, just under 900 were concerning marijuana pos-session, while the rest involved prostitution charges.

Last month, a law was passed legalizing the possession and use of recreational marijuana by adults. In February, elected officials repealed a decades-old law against loitering for the pur-pose of prostitution that critics claimed had been enforced with bias, particularly against trans-gender women of color.

Other New York counties have taken action in connection to the prostitution law repeal, with the district attorneys of Queens and the Bronx dropping hundreds of cases.

—The Associated Press

IN BRIEF

Notably, the court found that it is important to al-low artist experimentation with preexisting material, even without a license, in order to avoid limiting in-novation and creativity.

« Continued from page 1

Outside CounselOff the Front

By Daniel A. Schnapp

And Alexis P. Grilli

White House counsel Bob Bauer is co-chair with Cristina Rodríguez, a professor at Yale law school.

Eighteen of the commission members clerked at the Supreme Court for current or former jus-tices including Stephen Breyer, Ruth Bader Ginsburg, Antonin Scalia, John Roberts Jr., Clarence Thomas, Elena Kagan, David Sout-er, Thurgood Marshall and John Paul Stevens.

The vast majority of the commission is made up of law professors, with only a hand-ful of members—including the NAACP LDF’s Sherrilyn Ifill, for-mer Judge Thomas Griffith of the U.S. Court of Appeals for the D.C. Circuit, Brennan Center for Jus-tice president Michael Waldman and O’Melveny & Myers partner Walter Dellinger—not primarily working in academia. The Bren-nan Center is housed within the NYU School of Law, and both Dellinger and Griffith also do academic work.

The commission membership could present some concern for progressives and major propo-nents of court reform who have previously said they hope for a group that will result in more significant structural changes to the court.

At least one reform group, Take Back the Court, on Friday called the Supreme Court “a danger to the health and well-being of the nation and even to democracy itself” and urged the commission to quickly take action. “The solu-tion is already clear. Adding seats is the only way to restore balance to the court, and Congress should get started right away,” Aaron Bel-kin, the group’s director, said in a statement.

Gabe Roth, director of the pro-reform group Fix the Court, in a statement called the members “an incredible list of legal minds.” “I hope they strongly consider proposals to institute prospec-tive term limits via statute, not amendment, and that they find consensus around the need to improve the court’s lax travel, disclosure and ethics rules,” he added.

In an interview earlier this year, Roth said a commission compris-ing just law professors could mean "we might just be talking about theoretical solutions." He continued: "And I think it would behoove them to include the folks that are actually working in the field to make these reforms a real-ity every day.”

Even with calls from the left to reform the court—which were amplified by the swift confirma-tion of Justice Amy Coney Barrett after the passing of Ginsburg, days before the 2020 presidential elec-tion—legal experts are skepti-cal that significant changes will emerge from the commission.

“I don’t think it’s an area where Joe Biden thinks that that’s where he needs to spend a lot of politi-cal capital,” UCLA law professor Adam Winkler told The National Law Journal earlier this year. “Maybe it’s easier to do something in the lower courts, but I think that as long as the filibuster’s there, the commission on court reform is mostly symbolic.”

The Biden White House named the following lawyers to the com-mission:

, law profes-sor at Benjamin N. Cardozo School of Law. She teaches constitutional law, federal courts and federal civil rights.

, law professor at University of Michigan. Andrias clerked for the late Justice Gins-burg in the 2006-07 term.

, law professor at Yale Law School. He is the founder and director of Yale’s Information Society Project, an interdisciplin-ary center that studies law and new information technologies. He also founded the blog Balki-nization.

, commission co-chair and law professor at New York University School of Law. He was White House counsel to President Barack Obama from 2009-2011, and was a legal adviser to the Biden campaign. Bauer for-merly practiced at Perkins Coie.

, law professor at University of Chicago School of Law. He clerked for Chief Justice John Roberts Jr. in the 2008-09 term. He teaches federal courts, constitutional law, conflicts of law, and elements of the law.

, law professor at Rutgers University where she teaches constitutional law and civil rights. Before joining the Rut-

gers faculty, Boddie was director of litigation for the NAACP Legal Defense & Educational Fund and supervised its nationwide litiga-tion program. She was named the founding Newark director of Rutgers University’s Institute for the Study of Global Racial Justice.

, a law pro-fessor at Duke University School of Law whose writing examines the relationship between law and political power. The White House said Charles on July 1 will become the inaugural Charles J. Ogletree Jr. Professor of Law at Harvard Law School.

, law professor at Harvard University Law School, where he teaches and writes about criminal law and procedure. Crespo earlier served as a staff attorney at the Public Defender Service for the District of Columbia. He is a former clerk to Justices Stephen Breyer (2009-10 term) and Elena Kagan (2010-2011).

, law profes-sor at Duke University School of Law and partner at O'Melveny & Myers. Dellinger served in the White House and as assistant attorney general and head of the Office of Legal Counsel from 1993 to 1996. He was acting solici-tor general of the United States for the 1996-97 term of the U.S. Supreme Court. He served as a clerk to Justice Hugo Black in the 1968-69 term.

, a Yale law school professor who teaches constitutional law, educational law and prison law. Driver clerked for former D.C. Circuit Judge Mer-rick Garland and for both Justices Sandra Day O’Connor and Stephen Breyer in the 2006-07 term.

, a Harvard law professor. Fallon clerked for the late Justice Lewis Powell in the 1981-82 term. Fallon has written extensively about constitutional law and federal courts law.

served as president of the American Constitution Society from 2009 to 2019. Frederickson is a senior fellow at the Brennan Center.

, dean of Yale law school, is a leading scholar on federalism, diversity, constitu-tional law and election law. She is a former clerk to retired Justice David Souter in the 1995-96 term.

, former U.S. district judge in Massachusetts. She clerked for Judge Luther Swygert of the U.S. Court of Appeals for the Seventh Circuit, and has taught at Harvard and Yale law schools.

, professor of Harvard Law School. Goldsmith worked in DOJ’s Office of Legal Counsel during President George W. Bush’s administration and is a leading conservative legal scholar.

, special counsel at Hunton Andrews Kurth and former judge on the U.S. Court of Appeals for the D.C. Circuit. He previously served as Senate Legal Counsel, and retired from the bench last year after 15 years of judicial service.

, director of the Program in Constitutional Stud-ies at the University of Alabama School of Law. She spent four years as an appellate attorney for the U.S. Department of Justice,

, law professor at Columbia University Law School where he created the Courts and the Legal Process colloquium to bring judges, students and faculty together to discuss new academic research about the judiciary. He clerked for retired Justice David Souter in the 2007-08 term.

, president and director-counsel of the NAACP Legal Defense & Educational Fund. Ifill leads the LDF's advocacy in the federal courts, including the U.S. Supreme Court, on issues including racial discrimination and voter suppression. Her name has come up amid buzz about would-be Supreme Court contend-ers for the Biden administration.

, law professor at Northwestern Pritzker School of Law. He is a nationally recog-nized expert on campaign finance, voting rights, redistricting, judi-cial elections and corporate gov-ernance. Kang clerked for Judge Michael Stephen Kanne on the Seventh Circuit and earlier prac-ticed at Ropes & Gray.

, law pro-fessor at Columbia University Law School where she teaches and writes about legislation, admin-istrative law, anti-discrimination law, litigation and inequality in the United States. Previously, she served as constitutional and civil rights counsel to the late Sen. Edward M. Kennedy, D-Massachu-setts, on the Senate Judiciary

Committee and as an attorney at the NAACP Legal Defense Fund. She clerked for Justice John Paul Stevens in the 1996-97 term.

, professor of law at the University of Chi-cago. Before joining the faculty in 2006, LaCroix practiced in the Debevoise & Plimpton litigation department in New York.

, professor of law at Duke Law School. Her work focuses on constitutional law, legal institutions and proce-dure. Lemos clerked for the late Justice John Paul Stevens during the 2003-04 term.

, professor and director of the Bolch Judicial Institute at Duke Law School, and former dean of the school. Levi was previously U.S. District chief judge for the Eastern District of California, and chaired two Judi-cial Conference committees dur-ing his judgeship. He clerked for Justice Lewis Powell in the 1981-82 term and Judge Ben Duniway of the Ninth Circuit. Levi's son Wil-liam Levi formerly staff to Trump-era U.S. Attorney General William Barr.

, dean of the NYU law school who previously taught law at Columbia and Cor-nell. He clerked for Justice Ruth Bader Ginsburg in he 2002-03 term and Judge Betty Fletcher of the U.S. Court of Appeals for the Ninth Circuit, and also held positions in the DOJ’s Office of Legal Counsel, the Solicitor General’s Office and in the Obama White House.

, law professor at the University of Virginia teach-ing federal courts, civil procedure and constitutional law. He clerked for Justice Clarence Thomas in the 1994-95 term and Judge Stephen Williams on the D.C. Circuit.

, professor at the New York University School of Law and a top scholar on Ameri-can democracy and government. He clerked for Justice Thurgood Marshall in the 1984-85 term and Judge Abner Mikva of the D.C. Circuit.

, a law pro-fessor at the University of San Diego School of Law, where he teaches in the areas of constitu-tional law, foreign relations law and international law. Ramsey clerked for Judge J. Clifford Wal-lace of the Ninth Circuit and the late Supreme Court Justice Anto-nin Scalia in the 1990-91 term.

, a Yale law professor. Rodriguez, serv-ing as co-chair with Bauer, earlier clerked for Judge David Tatel on the D.C. Circuit and for Justice Sandra Day O'Connor in the 2002-03 term.

, law pro-fessor with the University of Pennsylvania Carey School of Law. He previously practiced in Mayer Brown’s Chicago office, and clerked for Justice David Souter in the 1999-2000 term.

, professor at the University of California, Berke-ley School of Law. Ross clerked for Judge Dorothy Nelson of the Ninth Circuit.

, law profes-sor and faculty director of the Supreme Court and Appellate Clinic at the University of Chica-go. Strauss worked in the Justice Department’s Office of Legal Coun-sel and in the solicitor general’s office, and served as a special counsel to the Senate Judiciary Committee.

, professor emeritus at Harvard Law School. Tribe took on the emeritus title last year, and is a co-founder of the American Constitution Society. He recently advised Democrats dur-ing the first impeachment of Presi-dent Donald Trump. Tribe clerked for Justice Potter Stewart in the 1968-69 term.

, professor at George Mason University’s Anto-nin Scalia Law School and director of the C. Boyden Gray Center for the Study of the Administrative State. He is a resident scholar at the American Enterprise Institute, and clerked for Judge David Sen-telle on the D.C. Circuit.

, politics professor at Princeton University and chair of the Academic Free-dom Alliance. He has also taught at Georgetown, Harvard and the University of Texas’ law schools.

, president of the Brennan Center for Justice at NYU School of Law since 2005. He previously worked in the Clin-ton White House as director of speechwriting and as a special assistant.

@ | Marcia Coyle can be reached at

[email protected]. Twitter: @MarciaCoyle.

Jacqueline Thomsen can be reached at

[email protected].

Court Reform« Continued from page 1

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MONDAY, APRIL 12, 2021 | 5NYLJ.COM |

MOTOR VEHICLE

Plaintiff Claimed Car Crash Caused Injuries of Spine, Shoulder

Verdict: $600,000

Keith Black v. Ashrar M. Chowdhury, Shaneva McAl-

lister, No. 22831/17

Court: Bronx Supreme

Plaintiff Attorney(s): Jonathan Panarella, Krentsel

Guzman Herbert, New York

Defense Attorney(s): Kevin J. Barry, Baker, McEvoy,

Morrissey & Moskovits, Brooklyn (Ashrar M. Chowd-

hury); Gary A. Cusano, Law Office of Gary A. Cusano

PC, Bedford Hills (Shaneva McAllister)

Facts & Allegations: On Dec. 24, 2016, plaintiff Keith

Black, 42, a counselor, was a passenger of a vehicle that

was being driven by Shaneva McAllister, who was travel-

ing on the westbound side of East Gun Hill Road, near its

intersection at Bartow Avenue, in the Baychester section

of the Bronx. While McAllister was proceeding through

the intersection, her vehicle struck the right side of a

vehicle that was being driven by Ashrar Chowdhury,

who was executing a left turn onto the northbound side

of Bartow Avenue, from the eastbound side of East Gun

Hill Road. Black claimed that he suffered injuries of his

back, a knee, his neck and a shoulder.

Black sued Chowdhury and McAllister. The lawsuit

alleged that Chowdhury and McAllister were negligent

in the operation of their respective vehicles.

Plaintiff’s counsel contended that the accident was a

result of neither motorist having exercised due caution.

He claimed that Chowdhury failed to yield the right of

way, and he further claimed that McAllister was speeding.

Chowdhury claimed that a green traffic signal permit-

ted his entrance to the intersection, but that he stopped

after entering the intersection, to allow oncoming traf-

fic to pass. He claimed that he resumed travel after the

signal had turned red, and he contended that McAllister

therefore must have disregarded a red signal. He also

claimed that McAllister was speeding.

McAllister claimed that a green signal permitted her

entrance to the intersection, and she estimated that she

was maintaining a speed of 25 to 30 mph while approach-

ing the intersection. The speed limit was 30 mph.

Injuries/Damages: After two days had passed, Black

visited a medical clinic. He claimed that he was suffer-

ing pain related to the accident. He underwent minor

treatment.

Black ultimately claimed that he suffered a tear of

his right shoulder’s supraspinatus tendon, which is a

component of the rotator cuff, that he suffered a partial

tear of the same shoulder’s glenoid labrum, that he suf-

fered trauma that produced impingement of the same

shoulder, that he suffered herniations of his C4-5 and

C6-7 intervertebral discs, that he suffered trauma that

produced bulges of his L1-2, L2-3 and L5-S1 discs, and that

he suffered an injury of soft tissue of his right knee. He

also claimed that he developed residual impingement of

a spinal nerve and resultant radiculopathy that stemmed

from his cervical region.

Black underwent chiropractic manipulation and

physical therapy. The treatment was rendered as

often as five times a week. In April 2017, he underwent

arthroscopic surgery that addressed his right shoulder.

The surgery included a Mumford procedure, which

involved excision of a portion of the shoulder’s clavicle.

Black subsequently resumed chiropractic manipulation

and physical therapy.

Black claimed that his back, his neck and his right

shoulder remain painful, that his pain is permanent

and a daily factor, that he suffers residual diminution

of his right shoulder’s range of motion, and that his

residual effects hinder his performance of physical

activities. He also claimed that he would require fur-

ther treatment, though he did not specifically suggest

surgery. He sought recovery of $735,000 for past pain

and suffering, and he sought recovery of $735,000 for

future pain and suffering.

Defense counsel contended that Black did not suffer

a serious injury, as defined by the no-fault law, Insurance

Law § 5102(d). The defense’s expert radiologist reviewed

the results of post-accident MRI scans that Black under-

went, and the expert opined that the injuries of Black’s

back, neck and right shoulder were degenerative condi-

tions that predated the accident. The expert also opined

that Black did not suffer a trauma-induced injury of the

right knee.

Result: The jury rendered a mixed verdict: It found that

Chowdhury was liable for the accident, and it found that

McAllister was not liable for the accident.

The jury also found that Black suffered a serious injury.

It determined that Black suffered significant limitation of

use of a body function or system, and it also determined

that Black suffers permanent consequential limitation of

use of a body organ or member.

PREMISES LIABILITY

Negligent Repair and/or Maintenance — Dangerous Homeowner Rejected Blame for Visitor’s Fall in Yard

Verdict: $23,456

James Caravello v. David Kleyn, No. 150617/18

Court: Richmond Supreme

Plaintiff Attorney(s): John M. Bosco, The Law Office

of John Bosco, PLLC, Staten Island, NY

Defense Attorney(s): Douglas A. Gingold, Law Office

of James J. Toomey, New York, NY

Facts & Allegations: On April 23, 2017, plaintiff James

Caravello, 69, a teacher’s assistant, fell while he was

accessing a backyard shed that was located at 57 Corona

Ave., in the Richmondtown section of Richmond County.

He suffered an injury of a leg.

Caravello sued the premises’ owner, David Kleyn. The

lawsuit alleged that Kleyn was negligent in his mainte-

nance of the premises. The lawsuit further alleged that

Kleyn’s negligence created a dangerous condition that

caused Caravello’s fall.

The incident occurred while Caravello was returning a

lawn mower that he and Kleyn shared. Caravello claimed

that he fell while attempting to push the mower across

debris that was piled near the shed’s entrance. He claimed

that the debris included a garden hose, wooden stakes and

metal objects. He further claimed that he could not have

accessed the shed without walking through the debris.

Defense counsel contended that the debris was an

open, obvious condition that Caravello should have

avoided. Defense counsel also contended that Caravel-

lo should not have attempted to push the lawn mower

across the debris.

Injuries/Damages: The parties stipulated that Cara-

vello’s damages totaled $400,000. They further stipulated

that the damages would be reduced by the percentage

of any negligence that the jury assigned to Caravello.

Thus, damages were predetermined and not before the

court. Kleyn’s insurance provided $500,000 of coverage.

Caravello suffered a comminuted, open fracture of his

right femur’s subtrochanteric region. He was retrieved by

an ambulance, and he was transported to Staten Island

University Hospital, in Richmond County. His fracture was

addressed via open reduction and the internal fixation of

a rod and screws. His hospitalization lasted three days.

Caravello subsequently underwent about four weeks of

physical therapy.

Caravello claimed that his injury prevented his per-

formance of about eight weeks of work. He also claimed

that he suffers residual pain and limitations. He sought

recovery of damages for past and future pain and suffering.

Result: The jury rendered a defense verdict. It found

that Kleyn was not liable for the accident.

CONTRACTS

Cycle’s Seller: No Refund for Buyer Who Didn’t Arrange Delivery

Verdict: Defense

Danny Lagunas v. Cycle Power Inc. dba Cross Bay Honda-

Suzuki, No. 706987/17

Court: Queens Supreme

Plaintiff Attorney(s): S. Michael Musa-Obregon, Musa-

Obregon Law PC, Maspeth, NY

Defense Attorney(s): Wayne S. Kreger, Law Offices of

Wayne Kreger, New York, NY

Facts & Allegations: On Dec. 6, 2012, plaintiff Danny

Lagunas inquired about a customized motorcycle that he

had purchased 68 days earlier but had not received. The

sale had been conducted remotely, since Lagunas resided

in Indiana and the motorcycle’s owner, a dealership, was

located at 164-01 Cross Bay Blvd., in the Howard Beach

section of Queens. Before delivery could be arranged, the

dealership sustained severe flood-related damage caused

by a hurricane. During the immediate aftermath of the

storm, Lagunas was told that the motorcycle would be

replaced if it had been damaged. When he inquired on

Dec. 6, he was told that the motorcycle had been irrepa-

rably damaged and would not be replaced. Lagunas was

not issued a refund.

Lagunas sued the dealership’s owner, Cycle Power

Inc. The lawsuit alleged that Cycle Power breached the

sale contract.

Lagunas’ counsel contended that the sale was never

consummated, given that the motorcycle was not con-

veyed to Lagunas. Lagunas claimed that he had been

unable to arrange delivery of the motorcycle, and he

further claimed that he had been promised that the

motorcycle would be replaced if it had been damaged.

Lagunas’ counsel contended that Cycle Power could not

prove that the motorcycle was damaged.

During cross-examination, Lagunas acknowledged

that the sale contract did not include the obligation

or cost of shipping the motorcycle to Indiana. Lagunas

also acknowledged that he had not intended to use the

motorcycle immediately upon receipt and therefore

did not prioritize arranging delivery of the motorcycle.

Defense counsel argued that Lagunas was effectively

storing the motorcycle at Cycle Power and that Cycle

Power was not contractually responsible for sold

items that had not been retrieved. Defense counsel

also noted that the sale contract did not encompass

anything beyond delivery of the motorcycle’s title,

which Lagunas received.

Defense counsel further claimed that Lagunas’ motor-

cycle and nearly every other motorcycle in the Cycle

Power dealership were destroyed beyond repair during

the hurricane. Defense counsel also challenged the con-

tention that Lagunas had been promised replacement of

the motorcycle. Defense counsel claimed that Lagunas

understood that the motorcycle would only be replaced

if Cycle Power’s insurer absorbed the cost. The insurer

disclaimed coverage of the motorcycle because it had

been sold to Lagunas.

Injuries/Damages: Lagunas sought recovery of the

motorcycle’s purchase price: $17,729.99.

Result: The jury rendered a defense verdict.

MEDICAL MALPRACTICE

Surgeons Rejected Blame for Failure Of Patient’s Fusion

Verdict: Defense

Micheline Francois v. Sebastian Lattuga M.D. Sebastian

Lattuga M.D., P.C. Franklin Hospital, No. 3482/14 » Page 10

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Off the Front

age profits per equity rise (PEP) rise more than 10%.

Only five of the 19 saw declines in revenue: Kramer Levin Naftalis & Frankel; Schulte Roth & Zabel; Proskauer Rose; Cadwalader, Wick-ersham & Taft; and Shearman & Sterling. Fewer firms had profits per equity partner decline: Fried, Frank, Harris, Shriver & Jacobson; Cadwalader; and Shearman.

Some of the stand-out finan-cial gains were at Davis Polk & Wardwell, where revenue rose 22.6% and profits per partner rose a whopping 40.7%; Debevoise & Plimpton, where revenue grew 16.7% and PEP about 23%; and Milbank, where gross revenue and PEP each increased by about 16%, according to American Law-yer reporting.

The top average partner pay among New York firms is now domi-nated by Wachtell, Lipton, Rosen & Katz, where average PEP spiked to $7.5 million; Davis Polk, at $6.35 million; and Paul, Weiss, Rifkind, Wharton & Garrison, where PEP soared by 14% to $5.369 million.

These are only PEP averages for some of the top firms, of course. The compensation at the peak part-ner rungs at some well-performing New York firms is approaching $15 million or more, competing with Kirkland & Ellis and a couple of oth-er non-New York firms that also pay eight figures, said Sabina Lippman, a recruiter at Lippman Jungers Bala who frequently places prominent partners. Meanwhile, some lock-step firms top out between $5 mil-lion and $8 million.

The firms from New York, Cali-fornia and Chicago with more “entrepreneurial compensation models”—those that don’t have a strict equity partner pay ratio from top to bottom and are profitable enough to pay in the eight figures—are creating a larger pay gap in the industry, Lippman said, leading to “a competitive advantage for these firms in recruiting top players.”

“If you have groups that are highly sought after, firms get more creative and interesting in their offers,” Lippman said, adding that top-performing firms have enough opportunities that they can devel-op “interesting kinds of roles and pitches” to candidates. At a time when “a lot of people are having a great year,” she said, “people are feeling a little bit bullish [in hiring], particularly in corporate.”

And while firms are more aggres-sively courting candidates, part-ners are feeling more optimistic about their practices and may be more comfortable in exploring law firms, Lippman said. For instance, when a partner with a $30 million to $50 million book knows that a client is giving another law firm $10 million in business, he or she considers the potential for keep-ing that additional business if they moved to a firm that maintains that particular expertise, whether it’s in regulatory, finance, funds or M&A litigation, she said.

Lateral Fever

In adding Nicholas Palumbo from White & Case and Buckley partner Daniel Stipano, Davis Polk hired two lateral partners in the span of a month this year—a rare occurrence.

The firm last year moved from pure lockstep to a modified system, leading the pay ratio to nearly dou-ble, American Lawyer previously reported. The firm’s partner com-pensation ratio—from the highest paid to the lowest paid—has been about 3-to-1 in recent years, and the firm expanded the ratio to about 5.5 to 1, sources have said.

In a January interview about Palumbo, the latest addition, managing partner Neil Barr said the lockstep change did not lead to the hiring, since finding a lawyer with his expertise was a strategic priority. But, “the flexibility we have in our new model makes it easier to act on our strategic priori-ties,” he said.

Cleary Gottlieb Steen & Ham-ilton, which has seen a series of partner exits in recent years, has also reassessed its pure-lock step compensation model in the last two years, leading to lockstep adjust-ments in 2020. In particular, the firm’s changes allowed significant business generators to get paid more, while holding back others’ pay growth, two sources said. A firm representative declined to comment.

While a Cleary M&A leader left last September for Milbank, Cleary has also dipped its toe into the lat-eral market, adding this year, for instance, partner Jackie Holland in London from Slaughter and May and Audry Casusol from Sidley Austin in New York this year.

Several other New York firms—coinciding with rising profits—have hired aggressively in the last year.

In 2020 alone, according to ALM data, Paul Weiss has brought on seven lateral partners, including several from Boies Schiller Flexner,

expanding on its West Coast aspira-tions. The firm continued its lateral streak with an M&A partner in Janu-ary from Sullivan & Cromwell, New York-based Krishna Veeraraghavan.

At Willkie Farr & Gallagher, the firm launched in Chicago last year with six prominent partners from Jenner & Block, including the firm’s former chair.

Weil Gotshal & Manges hired five lateral partners last year and has added at least four this year, includ-ing Trey Muldrow from Akin Gump Strauss Hauer & Feld and Slaughter and May corporate partner Murray Cox. Meanwhile, Milbank has been on a hiring spree, bringing on at least 14 laterals since January 2020. The new hires are in London, Hong Kong, New York, Los Angeles and Germany.

Below is a rundown of the finan-cial performance for each of the 19 firms tracked for this report, based on American Lawyer reporting. Financial reports for these firms and the rest of the Am Law 100 are in the May issue of The Ameri-can Lawyer and will be online on April 20.

Cadwalader, Wickersham & Taft: The firm’s gross revenue dipped 1.4% to about $452.57 mil-lion. Net income rose 3.3% while profits per equity partner dropped about 15% to $2.554 million amid a 22% expansion in its equity part-ner tier.

In a statement, managing part-ner Pat Quinn said the pandemic slowed down some clients’ busi-nesses, while other clients’ busi-nesses flourished.

“Many of our practices had out-standing years, such as litigation, corporate finance, fund finance, regulatory and corporate gover-nance. We were also extremely busy working with our clients on LIBOR transition,” said the firm in a statement. “Our practices related to real estate finance and parts of our structured products practices were understandably slowed in the second and third quarters, but have come roaring back and are now among the busiest practices at our firm.”

Quinn said he was optimistic about 2021. “As a firm, we are up nearly 20% year to date over last year’s pace,” he said.

The 15% decline in profits per partner can be partly explained by a net gain of about 10 equity part-ners from 2019 to 2020. In all, the firm had 56 equity partners and 45 nonequity last year. Quinn said the firm grew its equity partner head count through lateral recruiting and promotions. “The decline in our average PPEP, on relatively flat revenue and net income, is simply a result of our growing the denomi-nator,” he said.

Quinn noted that the firm has been “very focused on steady, strategic growth” in its litigation group. In the past two years alone, he said, Cadwalader has recruited 12 litigation partners laterally and promoted three people to partner. Notably, the firm added Boies Schil-ler Flexner co-managing partner Nick Gravante, along with three other partners.

In litigation, the firm’s two-year representation of entrepreneur Jay Alix against global consult-ing giant McKinsey & Co., led by Sean O’Shea, scored a victory when McKinsey was forced to withdraw and waive its fees as a restructuring adviser to Westmoreland Coal Co.

In its transactional work, the firm advised on the Pershing Square Tontine Holdings SPAC and advised on the $1 billion Thoma Bravo Advantage SPAC. The firm continued to serve as lead counsel for the Federal Reserve’s Alterna-tive Reference Rates Committee (ARRC) and supported banks in LIBOR transition programs.

Cahill Gordon & Reindel: The firm saw a blockbuster financial performance in 2020, with gross revenue expanding 14.6% to $444.4 million and average PEP growing 19% to $4.57 million.

With the firm’s head count down about 2.6% to 278 attorneys, the firm’s revenue per lawyer rose 17.7% to $1.6 million. The firm’s equity partner head count stayed steady around 65 partners.

The profit increases were driven by revenue gains, as expenses were flat to slightly up, said the firm’s leaders. “This was all blood, sweat and collections,” said William Hart-nett, chair of the firm’s executive committee.

Once the pandemic hit, many companies saw their revenue would be down considerably, and “they tapped the bond market,” reaching to the high-yield market for several months, said Hartnett. M&A and the leverage finance market came back by the fourth quarter and that’s carried into 2021, he said.

In M&A, the firm has repre-sented ICON Plc. in agreeing to acquire PRA Health Sciences for about $12 billion and represented 1-800-FLOWERS.COM to acquire PersonalizationMall.com. Cahill said its corporate team advised on over $570 billion in debt, equity

and loan financings, and the firm has continued to top the league table ranking as a legal adviser to U.S. high-yield bond underwriters.

While the firm’s litigators expect-ed a slowdown in 2020 amid court closings, lawyers and the courts “found new ways to do things by video, by telephone, and judges got comfortable holding hearings in their pajamas,” said Herbert Washer, litigation department chair.

The firm also saw a “signifi-cant bump” from a litigation mat-ter, in which Cahill, representing UMB Bank, obtained a $315 mil-lion settlement against Sanofi to resolve claims over a multiple sclerosis drug. The case entailed a hybrid contingency fee above seven figures, Washer said. But even outside that, its litigation department had a 10% increase in fees generated by traditional hourly bills, he said.

Among some of its most notable matters, Cahill represented UBS AG in a breach of contract action filed by Bloomberg Finance over data license agreements, a dispute lead-ing to a settlement; and the firm is representing Trevor Milton, Niko-la’s founder and former chairman, in high-profile investigations by fed-eral prosecutors and the SEC and in securities and derivative lawsuits.

The firm’s own long-running litigation finally resolved last year. According to a July announcement, Cahill and chemical company BASF agreed to pay $72.5 million to resolve claims that Engelhard, a predecessor of BASF, and the law firm concealed asbestos-related evidence in talc products and failed to disclose related information in underlying lawsuits. A Cahill repre-sentative declined to comment on the law firm’s share of the settle-ment costs.

Cahill’s business trajectory has continued into the first quarter of 2021, with demand in corporate and litigation significantly up from the same period last year, Hartnett said, adding interest rates remain low and there’s pent-up demand for M&A.

In September, the firm moved to new headquarters at 32 Old Slip in downtown, from 80 Pine St., where it had been for 60 years. The firm’s new lease, for about 20 years, is about 20% smaller with about 200,000 square feet.

Still, Cahill has announced to lawyers and staff that they’re not expected to return to the office until January 2022. Harnett said some New York attorneys have relocated outside the city during the work-from-home period and the firm didn’t want them to inure additional expenses if it ultimately pushed back the return date.

Cleary Gottlieb Steen & Ham-ilton: The firm’s gross revenue increased 1% to $1.223 billion, while average PEP spiked nearly 20% to $3.67 million, according to American Lawyer reporting. An overall 12% increase in net income was boosted by a drop in expenses, while the firm’s single-tier partner-ship shrunk by 6.5% to 169 partners last year.

Amid a 10% drop in attorney head count to 1,090 lawyers—partly a result of first-year associ-ate classes moving to January—the firm’s RPL rose 12.1% to $1.1 million.

Cleary, like others, saw a slow-down in deal-making in the first half of the year, but the activity picked up in the third and fourth quarters, positioning the firm well for a first quarter in 2021— the firm’s 75th anniversary.

In M&A, Cleary is advising Astound Broadband, a portfolio company of TPG Capital, in its sale to Stonepeak Infrastructure Partners for $8.1 billion, and rep-resenting American Tower in its $3.5 billion acquisition of InSite Wireless Group.

In antitrust, the firm defended T-Mobile in the multistate lawsuit attempting to block its merger with Sprint and advised T-Mobile and Deutsche Telekom in negotiat-ing a settlement with the Justice Department resolving competi-tive concerns. Meanwhile, Cleary advised United Technologies Corp. on merger clearance of its combi-nation with Raytheon, valued at $100 billion.

Cleary’s capital market practice helped direct over $210 billion of global debt offerings for clients and their underwriters, including for AIG, Chevron, GE, Hershey, Hon-eywell, Lenovo, Lowe’s, Starbucks and Verizon. And the firm repre-sented long-time sovereign client Argentina in its $63.4 billion debt restructuring, while its litigators secured an order denying class certification in a securities class action case against client Allergan.

Cravath, Swaine & Moore: Gross revenue grew about 3% to about $824 million, while Cravath’s profits per partner rose about 3.7% to $4.576 million, according to American Lawyer reporting.

Cravath continues to maintain an expensive pension program for partners through an unfunded retirement plan. For

2020 Financial« Continued from page 1

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The Advisory Committee on Judi-cial Ethics responds to written inqui-ries from New York state’s approxi-mately 3,600 judges and justices, as well as hundreds of judicial hear-ing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Con-duct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a jus-tice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.

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Opinion: 20-199 Digest: A judge may be a reg-

ular member of a not-for-profit civic entity, organized by local homeowners, that seeks zoning changes in the judge’s neighbor-hood, but may not serve on its board of trustees or otherwise be involved in the entity’s leadership.

Rules: 22 NYCRR 100.2;

100.2(A); 100.2(C); 100.4(A)(1)-(3); 100.4(C)(1); 100.4(C)(3)(a)(i)-(ii); 100.5(A)(1); Opinions 20-128; 20–70; 17-70; 98-137.

Opinion: A judge-elect asks if

they may continue to be involved in a 501(c)(3) not-for-profit civic organization after assuming full-time judicial office.1 The entity is “a not-for-profit, non-political cor-poration” established by a “group of homeowners” and is attempting to improve the neighborhood in which the judge resides, by work-ing with local government officials “to examine the existing zoning rules” and propose changes “to more accommodate the needs of the local community.” The entity hopes these zoning changes will encourage residents to remain in the community. The judge acknowledges that the entity’s involvement with zoning issues could be controversial, although because the effort is communi-ty-based, the judge considers it unlikely that any substantial controversy or litigation would arise. The entity has been working with the municipality’s planning department and has also retained an attorney to engage in lobbying. The judge is currently a member of the entity’s board of trustees and has, in the past, participated in calls with other board members and various municipal agencies and officials. If permitted to con-tinue with the entity, the judge would refrain from (a) signing documents on behalf of the enti-ty, (b) using their judicial title or

position to influence the project, or (c) providing legal guidance or representation. The judge asks if it is permissible to remain on the board and, if so, what further limi-tations may apply.

A judge must always avoid even the appearance of impro-priety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impar-tiality (see 22 NYCRR 100.2[A]). A judge generally may engage in extra-judicial activities that do not: (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). A judge may not serve as an officer, director, trustee or non-legal advisor of a not-for-profit entity if it will likely “be engaged in proceedings that ordinarily would come before the judge” (22 NYCRR 100.4[C][3][a][i]) or, if the judge is full-time, “be engaged reg-ularly in adversary proceedings in any court” (22 NYCRR 100.4[C][3][a][ii]). A judge also may not lend the prestige of judicial office to advance any private interests (see 22 NYCRR 100.2[C]) and must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]). In addition, a full-time judge may not appear at a public hearing before an execu-tive or legislative body or official on matters unrelated to the law, the legal system or the administra-tion of justice “except when acting pro se in a matter involving the judge or the judge’s interests” (22 NYCRR 100.4[C][1]).

We have said that involvement in matters of “substantial public controversy” may cast reason-able doubt on a judge’s ability to be impartial in performing judicial functions (see e.g. Opinion 20-128). Thus, we have said judges must avoid inserting themselves “unnec-essarily into public controversy” in their extra-judicial activities (id.). As a result, if substantially all of the activities of an organization involve the adoption, advocacy and pur-suit of policies and positions in matters that are of substantial public controversy, many of which, in whole or in part, eventuate in litigation, then a judge cannot even be a member of such organization (see Opinion 98-137).

Conversely, where a not-for-profit organization may be involved in some impermissibly controversial issues, but also has substantial activities in which a judge may ethically participate, we have drawn a middle course to permit some participation. In Opinion 17-70 (citations omitted), we said:

It is well-settled that “a judge may maintain membership in a not-for-profit organization that engages in some activi-ties clearly permissible for judges as well as some poten-tially controversial lobby-ing, advocacy and litigation activities.” The Committee has thus advised that a judge may donate to such organi-zations and join as a regular member, with certain limita-tions. However, a judge who joins such a group may not be involved in its litigations, publicly associate him/her-self with organizational posi-tions on controversial issues, or assume leadership roles in the entity...

Indeed, in Opinion 20-128 (cita-tions omitted) we explained why we distinguish between regular membership and leadership roles when a not-for-profit organization is involved in such a mixture of permissible and impermissible activities:

In essence, “taking a leader-ship role in such organiza-tions may publicly associate the judge with organizational positions on matters of pub-lic controversy, in a way that simple membership does not.” Nonetheless, a judge may be a regular member of such organizations, if they are not “political organizations” under the Rules.

We have applied these prin-ciples in a variety of contexts. For example, in Opinion 20–70, we considered a town judge’s involvement with the local Grange and concluded the judge could be a regular member because the Grange worked with com-munity groups and schools to develop educational programs “to promote rural interests and spread an appreciation of agricul-ture.” However, the Grange also engaged in advocacy and lobbying with the town government con-cerning local laws, policies, and/or regulations, which would be impermissible for a judge. Thus, we said (id. [citations omitted]):

[We] believe it may be dif-ficult, if not impossible, to avoid the appearance of lending the prestige of judi-cial office to the Grange’s proposals if this judge were an officer of the Grange. Fur-ther, matters involving vio-lations of local laws − both those adopted or modified in response to the Grange’s advocacy and those left unchanged if the Grange’s suggestions are rejected − will most certainly come before the town court.

Ultimately, we said the judge could be a regular

Judicial Ethics____❙❙❙❙❙❙◆❙❙❙❙❙❙____

Opinions From the Advisory Committee on Judicial Ethics

» Page 8

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Off the Front

instance, without payments to retired partners, the firm’s aver-age profits per partner would be $5 million.

With head count declining about 1.5% to 518 lawyers last year, the firm’s revenue per lawyer grew by about 4.7% to $1.59 million.

The firm’s partner ranks expand-ed by five to 90 partners last year, after Cravath elected six new partners for 2020. Cravath had its largest new partner class in recent memory this year when it elected 11 new partners.

The firm’s partnership has seen other recent changes, all in the span of a month this year, including a rare lateral hire, David Portilla, who was at Debevoise & Plimpton, and the exit of partner Johnny Skumpija, now at Sidley Austin.

Cravath, whose head count is weighted slightly more toward cor-porate, was busy last year in capital markets, banking and restructur-ing. But the firm’s litigators also had solid activity throughout the year.

The firm represented Mylan in its $50 billion combination with Upjohn, Pfizer’s off-patent branded and generic established medicine business, to form Viatris, and it advised Peugeot, as U.S. counsel, in its $50 billion merger with Fiat Chrysler Automobiles. Other cor-porate work includes represent-ing the founders of Palantir in its direct listing on the New York Stock Exchange.

The firm is currently represent-ing Robinhood in its fundraising and regulatory and litigation mat-ters and continues to advise PG&E as corporate, financing and litiga-tion counsel.

The firm’s litigators represented Qualcomm in an appellate win in a suit filed by the FTC. The August 2020 decision reversed the district court and vacated an injunction that prohibited several of Qual-comm’s core business practices. Cravath’s litigators also repre-sented Epic Games as plaintiff in two separate antitrust actions against Apple and Google alleging that the companies are engaged in anticompetitive behavior. Trial in the case against Apple is scheduled for this May.

Davis Polk & Wardwell: The firm’s revenue climbed 22.6% to $1.77 billion, while profits per equity partner spiked about 40% to $6.350 million, nearing Wachtell’s orbit, according to American Law-yer reporting. With steady head count at about 980 lawyers, the firm’s revenue per lawyer rose 21.9%. The firm’s partnership reduced about 2.5% to 156 part-ners.

The firm’s compensation adjust-ments—moving to a modified lock-step system—became effective in January 2021.

Davis Polk’s capital markets lawyers were very busy last year advising on SPACs, IPOs and bond deals. The firm was ranked first in Bloomberg capital market league tables in 21 U.S. and global catego-ries for 2020, Its lawyers advised on four of the eight largest IPOs of 2020.

Benefiting from the SPAC phe-nomenon, the firm has advised on more than 100 SPAC IPOs since January 2020

In M&A, the firm advised IHS Markit on its merger with S&P Global; Gilead Sciences on Its acquisition of Immunomedics; and Morgan Stanley on its $13 billion acquisition of E*TRADE Finan-cial Corporation. In other areas, Davis Polk guided Delta Air Lines on its $9 Billion SkyMiles secured financings, continued advising on the restructuring of OxyCon-tin maker Purdue Pharma; and achieved an appellate victory for the New York Stock Exchange in a dispute between the three larg-est U.S. stock-exchange groups and the Securities and Exchange Commission.

Strong capital markets, finance, restructuring and litigation work across the whole year, combined with strong M&A activity in the second half of the year, drove the firm’s results, said Neil Barr,

managing partner, in an interview. Transactional practices in partic-ular drove the most growth, he added.

The firm also benefited from a “flight to quality” attitude among clients. “We were hired for a num-ber of different mandates by new clients in core practice areas,” Barr said.

Barr said the firm transferred most of its expense savings back to lawyers and staff through bonus-es. Staff were paid double bonuses last year. And in less than a year, Davis Polk has twice triggered an elevated “special” bonus scale for associates, including fall bonuses last year and a new set of bonuses in 2021.

Barr said the firm’s priority has been and continues to be “taking care of our people.”

“We have been doing as much as we can to mitigate stress and anxiety, and where we can, lessen uncertainty. And that includes more than bonuses—that’s invest-ing in mental health resources, encouraging vacation and space away from work,” he said, noting the firm held a full summer pro-gram and has offered “security around pay and jobs.”

While the number of partners went down slightly in 2020, Barr said he would like it to grow over time. ”Strategic growth is becoming more of a focal point for us.”

Debevoise & Plimpton: The firm notched a 16.7% gross rev-enue increase and more than 27% growth in net income last year. Rev-enue per lawyer grew 7.8%, from $1,479,000 to $1,594,000. Profits per equity partner skyrocketed from $3,702,000 to $4,554,000, an increase of 23%. (See our previous report.)

Fried, Frank, Harris, Shriver & Jacobson: The firm saw flat rev-enue and a 4.4% decline in profits per equity partner in 2020 as it pro-moted a sizeable cohort of part-ners to the equity ranks. Revenue at the firm grew 0.6%, from $776 million to $780 million. Revenue per lawyer fell 1%, from $1,442,000 to $1,427,000. Net income grew 6.8%, from $393 million to $419 million. (See our previous report.)

Kramer Levin Naftalis & Fran-kel: The firm saw a revenue decline of 2% in 2020, but managed to see its net income tick up by 3.3% to $154.2 million. The firm also saw its revenue per lawyer drop half a percent to $1.2 million but grew its profits per partner 6.4% to $2.3 million.

Milbank: Profits and revenue soared double digits last year, riding off increased demand in restructuring, corporate and liti-gation practices. The firm’s gross revenue rose 15.6% to $1.235 bil-lion, while profits per equity part-ner shot up 16% to $4.492 million. (See our previous report.)

Paul, Weiss, Rifkind, Whar-ton & Garrison: The firm’s gross revenue grew 11.2% to cross the $1.5 billion mark, while it upped its profits per partner over 14% to nearly $5.4 million. (See our previ-ous report.)

Proskauer Rose: The firm’s reve-nue declined 1.5% to $989.9 million, and as lawyer headcount dipped by about 2%, revenue per lawyer was mostly flat around $1.354 million.

However, profits per equity partner rose 5.5% to $2.9 million, as the equity partner ranks dipped by about 3.6% to 163 partners. The firm’s nonequity partner ranks grew 19% to 81 lawyers, help-ing the firm’s entire partnership

expand. Proskauer made several lateral hires last year, including a team of finance partners from Schulte.

While the firm’s 2020 financial year ended in October, it had a busy start to this financial year, with November and December being record months, a Proskauer representative said.

The firm’s M&A lawyers repre-sented ForgeLight LLC, an operat-ing and investment company led by former Viacom CFO Wade Davis, in its acquisition of a majority stake in Univision Holdings; and advised longtime Barcelona-based client Grifols S.A. in a series of acquisi-tions.

The firm’s well-known sports practice represented the so-called “Power 5 Conferences” in a trial of a high-profile class action brought by current and former NCAA Divi-sion I football and basketball players challenging the limits on compensation and benefits for student-athletes.

The firm’s litigation department also represented Ellen DeGeneres and her loan-out company Mon-key Business Inc. for the inves-tigation by Warner Media into work environment issues on her show. In restructuring, Proskauer continues to advise the Financial Oversight and Management Board for Puerto Rico in restructuring of debt

Schulte Roth & Zabel: The firm’s revenue contracted by 4.4% to $444,700,000 last year. Net income reduced by 4.8%, but the firm’s profits per partner rose by 6.4%, partly thanks to some expense savings and a reduction in the equity partner ranks. The firm’s total attorney count stayed flat at 348.

“We think we had a solid year last year,” David Efron, co-manag-ing partner at Schulte, said in an interview. “We did take a slight dip in revenue, but a big function of that was we had such a good 2019, so we entered 2020 with a little less inventory.”

Partly due to the 10.5% decline in equity partners, down to 68, the firm’s profits per partner rose to $3.2 million, up from $3.045 in 2019.

Last year, the firm saw a four-partner finance team leave for Pros-kauer Rose, including the chair of its finance group. Later in the year, Doug Mintz from Orrick Herrington & Sutcliffe joined as co-chair of Schulte’s business reorganization group. “We did have some retire-ments,” Efron said. “And we had some people leave, but we also had some people arrive.”

The shuffle in the partnership ranks came after a leadership tran-sition, with Efron and Marc Elovitz being named co-managing partners in fall 2019 and longtime chairman, Alan Waldenberg, stepping down last year.

Most recently, two Schulte cor-porate partners, including the co-

chair of its M&A practice, left for Milbank.

In addressing the potential for a merger, Elovitz did not rule out the firm’s interest in merger talks but said the firm was strong enough to continue on its own. “I would say we have been phenomenally successful as a financial services-focused firm,” he said. “We have gotten questions about mergers every year I have been at the firm. We will continue to chart our own successful course.”

Schulte said it has undertaken several diversity-inspired programs in the last year. “We haven’t solved anything fully, but we are proud of the fact that we are addressing it head on,” Efron said. Meanwhile, the firm said it will have a full ses-sion for its summer associates this year, but that it will be virtual.

Shearman & Sterling: Facing a deep downturn in transactional work, Shearman’s revenue dropped 11% to $861 million, while average profits per equity partner fell 22.9% to $1.897 million. With head count down less than 2% at 833 lawyers, revenue per lawyer dropped 9.3% to $1.034 million. (See our previ-ous report.)

Simpson Thacher & Bartlett: The firm’s gross revenue surged 14% to $1.844 billion. Amid a 20% jump in net income, the firm’s profits per partner grew 18.5%. That came as the equity ranks held steady around 194 equity partners but the nonequity tier—a relatively new tier at Simpson Thacher—grew from 6 to nearly 16 last year.

Even as total lawyer head count grew about 5% to 1044 lawyers, rev-enue per lawyer rose nearly 9% to $1.67 million.

Simpson had several headline-grabbing capital markets and financing transactions, includ-ing the IPOs of Airbnb; Zoom-Info; PPD and Calisen; and more than a third of the IPOs listed on the São Paulo Stock Exchange. It was also the beneficiary of the SPAC craze, advising on, for instance, the $11 billion merger of Polaris’s subsidiary MultiPlan with SPAC Churchill Capital Corp III. In other M&A work, Simpson

Thacher guided a consortium of investors in a $20.7 billion energy infrastructure deal with the Abu Dhabi National Oil Co., and the firm worked on the $22 billion merger of Kronos and Ultimate Software.

The firm said its private funds practice guiding five of the top 10 private equity fundraisings globally in 2020, and its real estate team advised on Blackstone’s $14.6 bil-lion recapitalization of BioMed Realty. Meanwhile, its litigators represented Velocity Financial in the first dismissal of a pandemic-related securities class action and advised Valeant Pharmaceuticals in obtaining dismissals in securities fraud suits.

Skadden, Arps, Slate, Meagher & Flom: The firm’s gross revenue inched up about 1% to $2.663 bil-lion. Meanwhile, its profits per partner soared about 10% to $4.3 million. Skadden’s one-tier partner-ship shrunk about 4.3% to about 320 partners.

As total lawyer head count reduced by about 6% to 1594 law-yers, the firm’s revenue per lawyer rose 7.5% to $1.67 million.

Skadden was part of a wave of law firms last year that trimmed their staff ranks, with the firm lay-ing off just under 4% of professional staff across its U.S. offices. Based on census figures the firm provided to ALM Intelligence in 2019, the staff cuts amounted to more than 50 staff members in the firm.

Skadden advised on several big deals last year, including representing Xilinx Inc. in its $35 billion all-stock acquisition by Advanced Micro Devices Inc. and advising E*TRADE on its $13 bil-lion acquisition by Morgan Stanley. Skadden also serves as co-counsel to Willis Towers Watson in its all-stock business combination with Aon plc, a deal with an implied combined equity value of about $80 billion.

Skadden’s litigators guided Sprint in defending a challenge brought by the attorneys general of 13 states and the District of Columbia attempting to block its $58 billion acquisition by T-Mobile. After a two-week bench trial, plain-tiffs’ request to enjoin the merger was denied. Meanwhile, Bayer AG’s subsidiary Monsanto, with Skad-den’s advice, negotiated a two-part settlement resolving the substan-tial majority of 125,000 pending and threatened personal injury cases surrounding weed killer product Roundup and a mechanism to resolve cases that arise in the future.

Sullivan & Cromwell: The firm grew gross revenue 6% to $1.555 bil-lion, while net income and profits per partner soared more than 11%, with PEP rising to $5.185 million.

With flat head count, around 808 lawyers, the firm’s revenue per law-yer rose 6% to $1.925 million. Its one-tier partnership grew slightly, up to 168 partners.

The f irm’s M&A lawyers advised Tiffany and Co. on the $16B acquisition by LVMH follow-ing litigation on behalf of Tiffany to enforce the merger agreement and, in a top SPAC deal, guided DraftKings on its three-way com-bination with Diamond Eagle Acquisition and SBTech to cre-ate a U.S.-based sports betting and online gaming company. Its capital markets lawyers advised SoftBank in raising $20 billion in a series of transactions for its stake in T-Mobile US.

Its restructuring lawyers are advising Garrett Motion in its pending Chapter 11 proceeding, with an 80 lawyer S&C team to restructure $1.4 billion in debt.

The firm’s litigators obtained a dismissal of a lawsuit brought by General Motors against Fiat Chrysler Automobiles in which GM sought billions of dollars in damages. And in representing longtime client Goldman Sachs, the firm reached 1MDB resolu-tions with the Justice Depart-ment, Malaysia, SEC, Federal Reserve, New York DFS and regu-lators in the U.K., Hong Kong and Singapore.

Meanwhile, in project finance, the firm is advising in the proposed development and financing of an approximately $11 billion tunnel and rail line under the Hudson River from Penn Station to Hobo-ken, New Jersey.

It’s been a busy past year for S&C, both in client matters and firm administration. Marking a new chap-ter in the firm’s leadership, Sullivan & Cromwell in February named two top partners as its next leaders, Robert Giuffra and Scott Miller, who will ultimately become co-chairs of the Wall Street firm when current chair Joseph Shenker steps down. The firm has not announced an exact transition date.

Sullivan & Cromwell made head-lines last July when The American Lawyer reported that the firm laid off multiple staff in several depart-ments in recent months, with lay-offs numbering up to about 50 staff members. But Shenker said in February “those layoffs were actually mostly early voluntary retirement programs” and the firm is constantly assessing its staffing needs because of tech needs and outsourcing. The firm has contin-ued its outsourcing arrangement with HBR.

Wachtell, Lipton, Rosen & Katz: The M&A powerhouse, benefiting from a string of financing deals and then a second-half surge in M&A work, saw gross revenue surge more than 14% over the $1 billion mark. Its profits per partner grew faster, now reaching $7.5 million.

With nearly a 5% bump in total lawyer head count to 277, the firm’s revenue per lawyer rose 9.5% to $3.6 million. The firm’s single-tier partnership also grew from 85 to 90 partners. Still, Wachtell saw a rare lateral departure last year when star dealmaker Edward Lee left for competitor Kirkland.

Wachtell continued advising on some of the largest announced deals. That includes representing PNC Financial Services Group in selling its 22% stake in the world’s largest asset manager BlackRock Inc., and representing Immunomed-ics in its $21 billion acquisition by Gilead.

Weil, Gotshal & Manges: Backed by a surge of restructur-ing matters during the pandemic and then an uptick in deal work in the last half of 2020, Weil pushed gross revenue up by 9.2% to $1.657 billion, while profits per partner rose 12.1% to $4.5 million. (See our previous report.)

Willkie Farr & Gallagher: The firm saw its profit pool grow by 20% even as head count increased significantly, driven by the revival of the M&A and private equity market in the latter half of 2020. The firm advised on three times as many billion-dollar deals in 2020 as it did in 2019. (See our previ-ous report.)

Ben Hancock, Patrick Smith, Dylan Jackson and Dan Packel contributed to this report.

@ | Christine Simmons can be contacted at

[email protected]. Twitter: @chlsimmons

2020 Financial« Continued from page 6

Revenue, RPL and Average Profits Per Equity Partner in 2020

FirmGross

Revenue Revenue

Growth RateRevenue

Per LawyerRPL

Growth RateProfits Per Equity

PartnerPEP

Growth Rate

Cadwalader $452,572,000 -1.4% $1,129,000 -6.1% $2,554,000 -15.1%

Cahill $444,400,000 14.6% $1,600,000 17.7% $4,570,000 19.1%

Cleary Gottlieb $1,223,119,000 1.0% $1,122,000 12.1% $3,671,000 19.7%

Cravath $824,341,000 3.1% $1,591,000 4.7% $4,576,000 3.7%

Davis Polk $1,770,000,000 22.6% $1,806,000 21.9% $6,350,000 40.7%

Debevoise $1,224,942,000 16.7% $1,594,000 7.8% $4,554,000 23.0%

Fried Frank $780,300,000 0.6% $1,427,000 -1.0% $3,622,000 -4.4%

Kramer Levin $390,000,000 -2.0% $1,200,000 -0.5% $2,301,000 6.4%

Milbank $1,235,499,000 15.6% $1,542,000 10.3% $4,492,000 16.0%

Paul Weiss $1,543,730,000 11.2% $1,518,000 11.6% $5,369,000 14.3%

Proskauer $989,981,000 -1.5% $1,354,000 0.2% $2,900,000 5.5%

Schulte Roth $444,700,000 -4.4% $1,278,000 -4.4% $3,239,000 6.4%

Shearman & Sterling $861,026,000 -11.1% $1,034,000 -9.3% $1,897,000 -22.9%

Simpson Thacher $1,844,627,000 14.0% $1,767,000 8.7% $5,232,000 18.5%

Skadden $2,662,890,000 1.1% $1,671,000 7.5% $4,308,000 9.9%

Sullivan & Cromwell $1,555,441,000 6.0% $1,925,000 6.1% $5,185,000 11.4%

Wachtell $1,010,664,000 14.6% $3,645,000 9.5% $7,500,000 18.5%

Weil $1,657,603,000 9.2% $1,465,000 8.7% $4,515,000 12.1%

Willkie $986,000,000 13.6% $1,297,000 4.0% $3,516,000 10.9%

Source: ALM reporting

civil suits or allegations that could weigh on their credibility.

"The Constitution does not endorse a 'don’t ask don’t tell' policy with respect to Brady mate-rial," McMahon wrote.

The decision came just one day before McMahon is set to official-ly step down as chief judge and assume senior status on the Man-hattan federal court.

The plaintiff in the case, Jawaun Fraser, had sued three NYPD nar-cotics officers for malicious prose-cution and alleged Brady violations after a Manhattan Supreme Court

judge overturned his robbery con-viction, finding that the state had failed to disclose a dozen lawsuits against one of three officers who provided the main evidence at his trial.

In his civil suit, Fraser claimed that the Manhattan DA's office actu-ally had "constructive knowledge" of at least 22 such suits, and sought to hold the city and prosecutors' office liable for the alleged Brady violations.

According to Fraser, the DA's office had enacted an "unlaw-ful policy" whereby prosecutors would not ask testifying officers about misconduct claims in order to "avoid obtaining actual knowl-edge of information that such pros-

ecutors would be obligated under Brady to disclose.”

Fraser is represented in the case by the Law Offices of Joel B. Rudin in Manhattan.

The city, and the three officers, moved for judgment on the plead-ings with regard to Fraser's Brady claims.

The filing cited the New York Court of Appeals decision in Gar-rett, which held that there was a dif-ference between the nondisclosure of police misconduct claims that directly impact the prosecution of a defendant's case and those that have "no relationship to the case against the defendant, except inso-far as it would be used for impeach-ment purposes."

McMahon, however, outright rejected that distinction Friday, saying that the Court of Appeals’ earlier decision had "no implica-tion" on the case before her.

"Put simply, police officers who are key prosecution witnesses in a criminal trial are obligated under Brady to disclose the existence of civil lawsuits or other allegations of misconduct filed against them that bear on their credibility," she said.

The New York City Law Depart-ment, which is defending the claims, said Friday that it was "reviewing" the decision.

Fraser's attorney, Matthew Wasserman, said in a statement that "today's decision confirms

what the Supreme Court's case-law already made clear: Pros-ecutors cannot evade their Brady obligations by avoiding learning about evidence that impeaches key prosecution witnesses."

"People accused of crimes—and the jury—have a right to know that the police officers who testify at trial have repeatedly been accused of arrests without probable cause and evidence fabrication," Wasser-man said.

The case is captioned Fraser v. City of New York.

@ | Tom McParland can be reached

at [email protected]. Twitter:

@TMcParlandALM

Misconduct« Continued from page 1

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READER’S SERVICES

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8 | MONDAY, APRIL 12, 2021 | NYLJ.COM

New York State Bar Association and counsel to Magavern Magavern Grimm. The seven nominations, she said, highlights the depth of experience that women have in the legal industry.

When she first saw the list, Gerstman said a quote by late U.S. Supreme Court Justice Ruth Bader Ginsburg jumped into her mind.

“People ask me sometimes, when — when do you think it will be enough? When … will there be enough women on the court? And my answer is when there are nine,” the late justice said.

Among those who made the list are three midlevel state appellate judges — Valerie Brathwaite Nel-son, Erin M. Peradotto and Shir-ley Troutman. Brathwaite Nelson serves on the Appellate Divi-sion, Second Department while Peradotto and Troutman are on the Appellate Division, Fourth Department.

Nominees Kathy Hirata Chin and Caitlin J. Halligan are both attor-neys in private practice. Chin’s practice involves real estate and health care litigation. Halligan, who previously worked as general coun-sel at the New York County District Attorney’s Office, is now a partner at Selendy & Gay.

Also making the list was Mad-eline Singas, who is the district attorney in Nassau County.

Rounding out the nominations is Ellen Nachtigall Biben, who serves as the administrative judge for criminal matters in the court sys-tem’s First Judicial District.

Besides Stein’s retirement, Judge Eugene Fahey is scheduled to step down from the bench at the end of 2021 due to a mandatory retire-ment age. Plus, there’s already a vacancy on the court due to the sudden retirement of Judge Paul Feinman, who died just over a week

after the court announced he was stepping down.

Those three judges — Feinman, Stein and Fahey — brought signifi-cant experience from the midlevel state appellate courts.

Midlevel appellate justices have experience as a judge at the trial level, which allows them to see the challenges attorneys and judges face on the ground.

“I do think that perspective is very important,” Gerstman said.

@ | Ryan Tarinelli can be reached at

[email protected]. Twitter: @ryantarinelli

Candidates« Continued from page 1

Off the Front / Expert Analysis / Judicial Ethics Opinions

Calendar

MONDAY, APRIL 12

NY Law SchoolEducation Priorities for the Next

Mayoral AdministrationA virtual discussion on education priorities for New York City’s next mayor. Panelists include maroyal candi-date Art Chang12:50 p.m. Press can RSVP to Liz Thomas, NYLS, at [email protected] for dial-in information.

NY City Bar (CLE)Virtual Lawyering: Reaching Your

Audience During the Pandemic 5 p.m. – 6:30 p.m.CLE credits: New York: 1.5Webinar Registration Link: https://services.nycbar.org/EventDetail?EventKey=_WEB041221&mcode=NYLJContact: Rosan Dacres, 212-382-6630 or [email protected]

NY City Bar (Non CLE)Food Justice: Intersections

Within Civil Rights and Animal Rights12:30 p.m. - 2 p.m.Location: WebinarTo register and for more informa-tion: https://services.nycbar.org/EventDetail?EventKey=ANI041221&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

MONDAY, APRIL 12 TUESDAY, APRIL 13

Practising Law InstituteThe Foreign Corrupt Practices Act

and International Anti-Corrup-tion Developments 9 a.m. – 5 p.m. (Day 1)9 a.m. – 4:30 p.m. (Day 2)www.pli.edu/programs/foreign-corrupt-practices-act

TUESDAY, APRIL 13

NY City Bar (CLE)How to Handle a Prevailing Wage

Matter in New York under NYLL Art. 89:30 a.m. – 11:30 amCLE credits: New York: 2.0 Webinar Registration Link: https://services.nycbar.org/EventDetail?EventKey=_WEB041321&mcode=NYLJContact: Rosan Dacres, 212-382-6630 or [email protected]

NY City Bar (Non CLE)Chief Compliance Officer Fireside

Chat 6 p.m. - 7:30 p.m. Location: WebinarTo register and for more informa-tion: https://services.nycbar.org/EventDetail?EventKey=Com041321&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

WEDNESDAY, APRIL 14

NY Law SchoolConversations with Mayoral

CandidatesThis month, NYLS is hosting two (virtual) events with NYC mayor-al candidates. The first conversa-tion is Wednesday, April 14, with Eric Adams and Kathryn Garcia. The second is Wednesday, April 28, with Andrew Yang and Art Chang. Both events begin at noon.RSVP: www.nyls.edu/eventRSVP.

New York Historical SocietyPara Todos Los Niños: Mendez v.

Westminster - A Seminal Case Toward Desegregation: Live Webinar6 p.m. - 8 p.m.; 1 CLE creditRegister at: https://history.nycourts.govThis event is presented by the Latino Judges Association

NY State Bar (CLE)Technology And Ethics:

What Every Lawyer Should Know (Webinar)9:00 a.m. – 1:00 p.m.4.5 MCLE CreditsRegister at: https://nysba.org/events/technology-and-ethics-what-every-lawyer-should-know-webinar/

NY City Bar (CLE)Hot Topics Affecting

Cooperatives & Condominiums 20214 p.m. – 6 p.m.CLE credits: New York: 2.0 Webinar Registration Link: https://services.nycbar.org/EventDetail?EventKey=_WEB041421&mcode=NYLJContact: Rosan Dacres, 212-382-6630 or [email protected]

NY City Bar (Non CLE)Executive Presence: Conveying

Confidence and Competence 10 a.m. - 11:30 a.m.Location: WebinarTo register and for more informa-tion: https://services.nycbar.org/EventDetail?EventKey=CAM041421&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

Practising Law InstituteManufacturing and Consumer Products Law Institute9 a.m. – 5 p.m.www.pli.edu/programs/Manufacturing-and-Consumer-Products-Law-Institute

THURSDAY, APRIL 15

Sorensen Center for International Peace and Justice Critical Voices: Adressing

Anti-Asian Racism in NYC and Beyond6 pm - 7 pm; Vitual Meeting

Informal Reception to FollowTo Register: http://bit.ly/0415CV

NY State Bar (CLE)Mediation Of Surrogate’s Court

Cases6:00 p.m. – 7:45 p.m.1.5 MCLE CreditsRegister at: https://nysba.org/events/mediation-of-surrogates-court-cases/

NY City Bar (Non CLE)Building Power in the

Environmental Movement Series: Environmental Justice and New York’s Climate Leadership and Community Protection Act12:30 p.m. – 1:30 p.m.Location: WebinarTo register and for more information: https://services.nycbar.org/EventDetail?EventKey=ENV041521&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

There is More Than One Way: Careers in Immigration Law6 p.m. - 7:30 p.m.Location: WebinarTo register and for more information: https://services.nycbar.org/EventDetail?EventKey=IMM041521&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

Yoga for Lawyers7 p.m. - 7:45 p.m. Location: WebinarTo register and for more informa-tion: https://services.nycbar.org/EventDetail?EventKey=YOGA041521&WebsiteKey=f71e12f3-524e-4f8c-a5f7-0d16ce7b3314

Practising Law InstitutePretrial Practice

9 a.m. – 5 p.m.www.pli.edu/programs/pretrial-practice

THURSDAY, APRIL 15 FRIDAY, APRIL 16

Practising Law InstituteDevelopments in Antitrust

Law & Regulation 9 a.m. – 5 p.m. (Day 1)9 a.m. – 12:30 p.m. (Day 2)www.pli.edu/programs/develop-ments-in-antitrust-law

FRIDAY, APRIL 16

NY State Bar (CLE)Judicially-Aided Discovery,

Provisional Relief In International Arbitration: UK & US12:00 p.m. – 1:00 p.m.1.0 MCLE CreditsRegister at: https://nysba.org/events/judicially-aided-discovery-pro-visional-relief-in-international-arbitration-uk-us/

member of the group but must not maintain “leadership roles in the entity or otherwise publicly associ-ate him/herself with organizational positions on controversial issues” (id.). We advised the judge to resign as an organization officer, whether president, secretary, treasurer, or the like. In essence, it would be improper to hold a “leadership” role in an organization that advocated “positions on controversial issues.”

Here, while the entity seeks to improve the neighborhood in which the judge resides − a mat-ter of personal interest to the judge as a local homeowner − the judge advises that the entity will be seeking zoning changes in the municipality. We are not persuaded

by the judge’s view that these zon-ing changes are unlikely to result in substantial local controversy or litigation, especially as the entity has employed a lobbyist and the judge has previously (as a non-judge) participated in calls with municipal agencies and local offi-cials and advocated for the entity’s positions on zoning issues.

In our view, the judge’s contin-ued involvement in the entity’s leadership would impermissibly lend the prestige of judicial office to the entity’s efforts to change local zoning laws. While some zoning changes may be less con-troversial than others, zoning laws − the government’s control over an individual’s property rights − are, by their nature, always in the pub-lic realm and subject to dispute by either the property owner or their neighbors.2

For these reasons, we conclude

the judge may be a regular member

of the entity but must discontinue

any leadership role or position and

thus may not serve as a trustee. In

reaching this conclusion, we nec-

essarily assume the entity has, or

will have, regular members who

do not participate in the trustees’

deliberations but may instead, for

example, contribute financially to

the entity and receive updates

about the trustees’ decisions.

1. For simplicity, we will refer to the in-quirer as a judge, since we are addressing their obligations after assuming judicial office.

2. We note that while a full-time judge may act pro se in seeking a zoning variance or permits for the judge’s own property, even if this proves controversial, the judge cannot undertake such actions on behalf of others (see 22 NYCRR 100.4[C][1]).

Opinion: 20-199« Continued from page 6

ment in Amazon has been, had you been fortunate to have purchased 100 shares in its IPO at the IPO price of $18.00 per share, your $1,800 investment would now be 1,200 shares after giving effect to stock splits and, as of March 31, 2021, would be worth about $3.7 million. The compound annual growth rate (CAGR) of your investment would be about 37%. Were you to have invested at the same time $1,800 in the S&P 500 and reinvested the div-idends earned thereon, the CAGR of your investment would be 8.6% and your investment would now be worth only $1,300. Significantly, Amazon achieved a 33% CAGR for 10-year period ending March 31, 2021, slightly less than the CAGR since its IPO. Furthermore, Ama-zon’s CAGR exceeded the CAGR of an investment in either Apple or Microsoft for the recently ended 10-year period and the 24 years since Amazon’s IPO.

Compensation Practices

Amazon recognized in its IPO prospectus that the Internet and online commerce industry is susceptible to rapid technologi-cal change and the importance of the need to continually evolve. Amazon acknowledged that its long-term viability depended on its ability to “identify, attract, hire, train, retain and motivate” its executive officers, key employ-ees and “highly skilled technical, managerial, editorial, merchan-dising, marketing and customer service personnel.” Amazon noted in its Compensation Dis-cussion and Analysis section of its 2020 Proxy Statement that its compensation philosophy seeks to “encourage motivated, custom-er-centric employees to think and act like owners” and to provide “strong long-term incentives that align the interest of its employ-ees with those of its sharehold-ers.” Further, its compensation program reflects the company’s “core values, including customer obsession, invent and simplify, bias for action, acting like owners and thinking long term, hiring and developing the best, and frugality.” As a result, stock-based compensa-tion comprises the overwhelming majority of an employee’s compen-sation package.

Base Salary. Salaries at Amazon are extremely modest. As disclosed in its IPO prospectus, Mr. Bezos, as Amazon’s principal executive officer, received compensation for 1996, the year prior to its IPO, of only $64,333 and no executive officer met the SEC’s definition of “highly compensated executive officer” for such year, meaning that no executive officer received com-pensation in excess of $100,000. In addition, Amazon disclosed in its IPO prospectus that it did not have long-term employment agree-ments with any of its key person-nel or have any “key person” life insurance policies. Fast forward to today, Amazon continues to pay a very modest salary: for 2019 no named executive officer had a base salary of more than $175,000, including Jeff Bezos, who was paid only $81,840 and whose annual cash compensation has never exceeded $81,840.

Cash Bonuses. While from time to time Amazon has paid annual cash bonus particularly during the a few years following the burst of the “tech bubble” in 2000, it gen-erally only pays a cash bonus in connection with the hiring of an executive officer a component of which is to replace compensa-tion the executive forfeited to join Amazon and to cover relocation expenses. A signing bonus is usu-ally paid over two or more years requiring the executive to remains employed by the company.

Stock-Based Compensation. Amazon employed stock option grants during the period from its founding through 2002, and in response to the significant market downturn that occurred during 2000-2001, like other companies, it exchanged “out of the money” options for new options exercis-able for fewer shares at a lower strike price. However in November 2002, Amazon revamped stock-based compensation system by replacing stock option grants with restricted stock awards. Among the reasons given for this change was to limit overall shareholder dilu-tion and the overall simplicity of restricted stock awards.

In connection with an execu-tive’s annual review, the CEO and

the head of human resources con-sider whether to recommend to the company’s compensation commit-tee a restricted stock award, includ-ing the number of shares and the vesting criteria. Amazon avoids establishing pre-determined objec-tive performance criteria as condi-tions to the award or its vesting. Instead, it focuses on subjective performance achieved and project-ed to be achieved which it believes provides flexibility and better fos-ters long-term growth, creativity and innovation. Among the factors considered are an executive’s level of responsibility, past contributions to the company’s performance, expected future contributions, the compensation of similarly situated executives at other companies and the expected value of the execu-tive’s existing equity awards and the expected value of the proposed award. Awards typically vest over five or more years and are “back-end loaded” as vesting begins on the third or fourth anniversary of the award. Frequently, an execu-tive may have to wait a few years to receive a new restricted stock award.

To illustrate, during the three-year period ending Dec. 31, 2019, Andrew Jassy, the chief executive officer of AWS who will be replacing Jeff Bezos as Amazon’s CEO later this year, received restricted stock awards only in 2018, but the value of those awards, that is, the total number of shares (assuming full vesting) times the average high and low trading share price on the date of the award was $19.5 million. Should Amazon stock continue to appreciate at the 33% CAGR it achieved for the 10-year period ending March 31, 2021, when the restricted stock awards begin to vest on the third anniver-sary, the shares would be valued at about $46 million. Indeed, as of Dec. 31, 2019, Mr. Jassy held 53,874 unvested restricted shares valued at $99.6 million (inclusive of his 2018 awards). In addition, during 2019 he benefited from the vesting of 28,326 restricted shares then valued at $50 million.

Other Compensation and Per-quisites. While executive officers receive vacation, medical, 401(k) benefits and other benefits gen-erally available to all Amazon employees, they are not provided with benefits under nonqualified deferred compensation or supple-mental executive retirement plans or cash severance programs. In connection with perquisites, the bulk of Mr. Bezos’ annual compen-sation every year is in the form of his security arrangements which in 2019 amounted to $1.6 million.

Bezos’ Compensation. Any discussion of Amazon’s com-pensation practices would be incomplete without addressing how it compensates Mr. Bezos in his capacity as the company’s

chief executive officer, or more accurately, that Amazon does not compensate Mr. Bezos for his ser-vices. As previously mentioned Mr. Bezos’ annual cash compensation has never exceeded $81,840 since the company’s inception. In addi-tion, unlike other successful tech company founder-chief executive officers who periodically receive substantial stock-based grants, for example, Elon Musk at Tesla, (see Tesla’s Stock Option Grant to its CEO, by Joseph E. Bachelder III, New York Law Journal (May 1, 2018 and Part 2 on June 22, 2018)), Mr. Bezos has never received any stock-based compensation from Amazon. Mr. Bezos has regularly sold Amazon shares under a 10b5-1 plan beginning in 2003 and based

on his most recent Form 4 filed with the SEC, he now holds 53.2 million Amazon shares representing more than 10% of the total shares out-standing which as of March 31, 2021 are worth $164 billion.

Compensation Practices Employed Throughout the Com-pany. Amazon employs its stock-based compensation practices widely throughout the entire com-pany. Blogs can easily be found on the Internet for individuals seeking employment at various divisions of the company advising on what to expect the compensation package to look like and the extent to which these features can be negotiated: below market annual base salary, cash signing bonus payable over two years to ease the sting of the low annual salary and restricted stock award that starts to vest on the third anniversary of employment. Signifi-cantly, Amazon’s directors do not receive cash compensation for their service but receive restricted share awards every few years.

Amazon’s pervasive use of stock-based compensation is quantified in the company’s annu-al reports and proxy statements filed with the SEC. For example, its 2020 annual proxy statement disclosed that “the total number of restricted stock units granted to our named executive officers during the three-year period from 2017 to 2019 represented (1) 0.27% of the total number of restricted stock units granted to all employ-ees during the same three-year period and (2) less than 0.01% of the weighted-average number of shares outstanding for the same three-year period.” An analysis of the notes to its audited financial statements contained in its most recent annual report reveals that for 2020 Amazon’s stock-based compensation expense exceeded $9.2 billion and was allocated to its employees throughout its opera-tions as follows: 55% to technology and content, 19% to marketing, 15% to fulfillment, and 11% to general administration and others. Fur-thermore, Amazon stockholders regularly approve the “say on pay” advisory vote on the compensation paid to is named executive officers with approval rates exceeding 95%, including most recently, 97% for its 2020 annual stockholders meeting.

Conclusion

Amazon has enjoyed phenom-enal success during its 24 years as a public company. There are likely many reasons for the company’s success and its ability to remain a leader on the cutting edge of the rapidly-changing technology revo-lution, however it is clear that Ama-zon’s unique “eat your own cooking on steroids” compensation policy complements its outstanding his-torical long-term performance and bodes well for its future prospects.

Amazon« Continued from page 3

It is clear that Amazon’s unique “eat your own cooking on steroids” compensation policy complements its outstand-ing historical long-term performance and bodes well for its future prospects.

NYLJ People and Community: https://www.law.com/newyorklawjournal/people-and-community/

Ellen Nachtigall Biben

Erin M. Peradotto

Kathy Hirata Chin

Madeline Singas

Caitlin J. Halligan

Shirley Troutman

Valerie Brathwaite Nelson

submitted deposits by Tuesday, 32% are students of color. That figure was 23% for the class that started last fall. The diversity of this fall’s class actually increased during the last-minute deposit surge, according to the school. And the incoming class—mean-ing those who have submitted deposits—will have the highest-ever median Law School Admis-sion test score, at 168, it said.

(This year has seen a significant jump in the percentage of LSAT scores of 160 and above, which experts have largely attributed to the shorter, online version of the LSAT that came online in May 2020 amid the COVID-19 pandemic.)

But wait-listing admitted stu-dents isn’t how law schools gener-ally deal with a high-than-expected yield, Spivey said. Typically, law schools facing an incoming class that is larger than it wants will offer some students scholarship money to defer until the following year. Or they will simply deal with

having a bigger 1L class—which can strain its faculty. Spivey said he doesn’t expect Notre Dame’s approach to catch on among other law schools, and predicted that the school may actually relent and let in a larger 1L class in response to the negative blowback it’s receiving.

“I strongly believe other law schools will not follow suit,” he said. “I really think this will be a one-off.”

@ | Karen Sloan can be reached at

[email protected]. Twitter: @KarenSloanNLJ

Notre Dame« Continued from page 2

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MONDAY, APRIL 12, 2021 | 9NYLJ.COM |

PartnershipBY ALEEZA FURMAN

A fter several years of large firms in New York expanding their classes of newly promot-

ed partners, that momentum came to a halt when firms as a whole cut back the number of new partners in the past year.

According to data collected by the New York Law Journal, the number of new partners at the big-gest firms in the city collectively dropped by double-digit percent-ages. Still, legal industry observers say it remains to be seen whether the new partner slowdown is a blip in an otherwise upward trend or a sign of fewer promotions in years to come.

The Law Journal analyzed the number of new partner promo-tions at the 25 largest firms in New York by head count, as ranked by the NYLJ 100. The data, based on announcements released between March 2020 and March 2021, tracks partner promotions firmwide and within the firms’ New York offices, as well as how many of the new partners are women.

This year, New York’s 25 larg-est firms elected a total of 474 law-yers to partner, marking a 10.7% decrease from these same firms’ new partner elections the previ-ous year, at 531. The firms’ New York offices only fared slightly better, with a 9.3% dip in newly promoted partners in New York specifically. That number dropped to 146 in 2020 from 161 in 2019.

A large reason for the drop in both cases is that several of the top 25 largest firms have delayed partner promotions in the last year. But the overall slowdown includes a wide variation within individual firms. Some firms shrank their class sizes by only one or two attorneys, such as Davis Polk & Wardwell, from 10 firmwide to eight, and Sidley Austin, from 30 to 28. Others blazed ahead on expand-ing new partner classes.

The dropoff in promotions par-ticularly stands out after several years of firms building up their partnership numbers, particularly in New York. In both 2018 and 2019, the number of partners promoted within New York offices grew by 7%. 

Continuing to hold its largest-partner-class title was Kirkland & Ellis, which promoted 31 partners in New York and 145 firmwide, up from 28 and 141 respectively the year before. The firm, which sits at No. 4 in the NYLJ 100 ranking, is well-known for its sizeable non-equity partner tier.

Willkie Farr & Gallagher came in second in New York promotions with 13, despite only being the 16th largest firm on the list. Willkie is likely bolstered by its nonequity tier, which it enacted in 2018. The number of elections was slightly down from 2019, however, despite the firm reporting significant rev-enue increases in 2020 thanks to ample business in its mergers and acquisitions and private equity practices.

Simpson Thacher & Bartlett and Cravath, Swaine & Moore also stood out, with the number of partner promotions in New York not only hitting double digits, but also those promotions being about double the numbers they had last year. Simpson Thacher went from six to 12 and Cravath went from six to 11.

But at least 10 of the 25 firms had fewer new partners firmwide compared with the previous year. Those include Milbank, which had five new partners, down from 10 the prior year; Greenberg Trau-rig, which dropped to 30 from the prior year’s 44; and Arnold & Porter Kaye Scholer, which had six new

partners, down from the previous year’s 12.

And breaking with previous years, several firms have not yet announced partner promotions by March. That includes Sullivan & Cromwell, Shearman & Ster-ling and Wilson Elser Moskowitz Edelman & Dicker, which did not announce new partner classes by press time.

Paul Pearlman, a partner at legal consulting firm Zeughauser Group who previously led Kramer Levin Naftalis & Frankel, noted that firms that were affected more heavily by the pandemic were more conserva-tive with their promotions.

This seems to be the case for Shearman, for example, which saw its gross revenue dropping by 11% and average profits per equity part-ner dropping by 22.9%.

Meanwhile, Marcie Borgal Shunk, another legal consultant and founder of The Tilt Institute, noted that delays in election deci-sions are not surprising in the cur-rent climate.

“Schedules with respect to major decisions at firms are a little slower right now, which is to be expected,” she said. “We’re living in an environment with a tremen-dous amount of uncertainty, and so being diligent about making deci-sions and being slow about coming to terms with what is reality going to look like a month from now or six months from now is something

that’s slowing the pace of decision-making overall at firms.”

Shunk said that she did not observe any major changes in the way law firms approached partner promotions this year, but that the pandemic has caused law firm leadership to examine how their partnerships operate. The reper-cussions of those conversations may take some time to actually show up in how firms oversee the size of their partnerships.

Some of those conversations, according to Shunk, surround the value of the increasingly popular nonequity track and include ques-tions such as, “What are the expec-tations of partners or shareholders today, what should they be moving forward, and does that change the way that we promote?”

Pearlman also did not observe any dramatic changes in partner promotions in the past year. While firms that hit upon hard times may have been conservative with their elections, successful firms continued to expand to meet the growing demand for more partners with more diverse backgrounds of practice types, he said.

By and large, most firms fared better than they predicted they would when the pandemic first hit. “The second half of the year really picked up, and they entered this year with a lot of momentum,” said Pearlman. “So that if business continues to improve, I think you

will not see a further lessening of the amount of partners they make.”

Pearlman added that New York is the biggest driver of business among most firms that have a pres-ence in the city. “If demand grows in New York, and the firms are profitable,” he said, “they’ll look to make partners. … What I see now, I think New York seems to be very active, and at least where we sit in 2021, it looks like it’s going to continue for certainly the short to intermediate-term.”

Shearman senior partner David Beveridge expressed similar opti-mism about future growth in a March interview, saying “We’ve had tremendous momentum going into 2021.”

Stumbling Toward Ge nder Parity

Over the past few years, the per-centage of women promoted to law firm partnership has slowly crept upward, but, like so many things in the past year, those gains faltered in 2020.

Of the 474 total lawyers promot-ed to partner across the firms in New York surveyed, 176 of them, or 37.1%, were women. This number is a 0.6-point decrease over last year’s 37.7%, eating away at the 3.2 per-centage point progress made from 34.5% the year before that.

Other data show a similar pat-tern. The Diversity and Flexibility

Alliance’s 2020 New Partner Report showed that 40.9% of partners pro-moted in the 137 firms it surveyed were women, down from 41.3% the year before. The last time the per-centage of women dropped year over year, according to the report, was between 2013 and 2014.

This year’s round of promo-tions did, however, include enough women to continue to tip the num-bers in partnership positions over-all. The National Association of Law Placement 2020 Diversity Report observed an increase of about 0.9 percentage points in the number of partners who are women, with the total percentage now at 25.05%. That year-over-year change is on the high end of what has been a con-sistent but tiny increase each year.

Among the 25 largest firms in New York tracked for this report, only one firm boasted a partner-ship class made up of at least 50% women—Arnold & Porter Kaye Scholer, whose six-lawyer part-ner class included three women. In 2019, six firms hit the 50% mark.

Conversely, of the firms that announced promotions, two firms did not promote any women to the partnership. Neither Cleary Gott-lieb Steen & Hamilton’s seven-law-yer class nor Fried, Frank, Harris, Shriver & Jacobson’s four-lawyer class included any women.

In a statement, Cleary said, “We are very proud of our talented col-leagues who were elected to senior

positions this past year. More than half of our lawyers elected as part-ners in the U.S. over the last four years are women and/or lawyers of color. And, half of our lawyers elected as partner in the U.S. in 2020 are racially or ethnically diverse. … These promotions demonstrate our progress, but we know we have substantial work to do in order to further diversify our partner-ship with additional women and people of color. Diversity, equity and inclusion are fundamental firm values and critically important to our success.”

A Fried Frank representative did not return a message seeking comment.

According to Shunk, law firm leaders are concerned with increas-ing the diversity of partner make-up but doing so takes time. “You can’t manufacture people … It’s not something that law firms are going to be able to flip a switch and have happen over night.”

She predicted that the stag-nancy of the past year will likely take some time to shift and chang-es are more likely to show up in 2022 than they are to appear in the near future. “We’ll likely see some push to have more women and more diverse lawyers, but it’s going to take time for that to move the needle.”

@ | Aleeza Furman can be reached at afur-

[email protected].

New York Partner Promotions Slow After Period of Rapid Expansion

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New Partners at 25 Largest Law Offices in New York

Rank1

Firm

Lawyers in New York Office(s)

Largest Location in New York

Total Firm Size

Current Round of Partner Elections

(firmwide)2

Current Round

(N.Y. only)

Previous Round of Partner

Elections (firmwide)2

Previous Round

(N.Y. only)

New Women Partners

(firmwide)

1 Paul, Weiss, Rifkind, Wharton & Garrison

832 Manhattan 1,020 7 6 7 7 2

2 Davis Polk & Wardwell 700 Manhattan 975 8 7 10 7 3

3 Skadden, Arps, Slate, Meagher & Flom

656 Manhattan 1,694 17 6 13 3 6

4 Kirkland & Ellis 646 Manhattan 2,598 145 31 141 28 62

5 Simpson Thacher & Bartlett

601 Manhattan 996 20 12 15 6 7

6 Weil, Gotshal & Manges 563 Manhattan 1,126 13 6 16 7 4

7 Sullivan & Cromwell 543 Manhattan 809 n/a n/a 6 5 n/a

8 Cleary Gottlieb Steen & Hamilton

496 Manhattan 1,210 7 3 7 5 0

8 Cravath, Swaine & Moore

496 Manhattan 526 11 11 6 6 4

10 Debevoise & Plimpton

481 Manhattan 710 7 7 7 3 3

11 Latham & Watkins 480 Manhattan 2,720 52 4 55 10 17

12 White & Case 433 Manhattan 2,204 40 8 45 8 14

13 Sidley Austin 429 Manhattan 1,922 28 4 30 3 12

14 Milbank 425 Manhattan 765 5 3 10 6 1

15 Fried, Frank, Harris, Shriver & Jacobson

381 Manhattan 538 4 1 5 3 0

16 Willkie Farr & Gallagher

380 Manhattan 696 21 13 19 17 9

17 Proskauer Rose 361 Manhattan 744 10 5 15 7 3

18 Gibson, Dunn & Crutcher

354 Manhattan 1,351 20 7 13 3 8

19 Ropes & Gray 346 Manhattan 1,247 16 2 16 7 6

20 Shearman & Sterling 344 Manhattan 849 n/a n/a 8 1 n/a

21 Schulte Roth & Zabel 307 Manhattan 348 4 4 2 2 1

22 Greenberg Traurig 306 Manhattan 2,070 30 3 44 4 11

23 Wilson Elser 294 White Plains 835 n/a n/a 25 6 n/a

24 Arnold & Porter Kaye Scholer

284 Manhattan 919 6 1 12 4 3

25 Kramer Levin Naftalis & Frankel

276 Manhattan 330 3 2 4 3 1

1. Number of New York attorneys and total firm size as published in the NYLJ 100 special report of the New York Law Journal, July 13, 2020,

where firms were ranked by number of lawyers in their New York office(s).

2. Due to firms announcing promotions at different times of the year, the figures listed reflect the previous and most recent rounds of partner promotions,

as of April 1, 2021, to ensure consistency in year-over-year comparisons.

SOURCE: The data was collected from the new partner/shareholder announcements posted on the firms’ websites.

Page 10: New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL PROCEDURE: Denial of bank-ruptcy trustee’s recovery of $200,000 security under FRCP

APPELLATE DIVISION

TUESDAY, APRIL 13

2 P.M.

19/4486 People v. Ramon Carrion20/1501(1) Hudson-Spring

Partnership v. P M Design20/2692 S., Eddie v. Sylvia S.19/4681 Pritsker v. Zamansky20/3711 Victoria’s Secret v. New

WTC Retail19/2426 People v. Jafry Pena19/5020 Int’l Development v.

Westchester Plaza20/1756(1) Ubiles v. Ngardingabe20/2630 BGR Realty v. Stein20/3894 Grunert v. American

Biltrite20/1750 W., Darryl19/2343 People v. Grilzon Rivas20/2632 American Empire v. L&G

Masonry20/1341 Mullins v. Center Line20/4128 Burlington Insurance v.

Tour Central19/4871 People v. Elijah Saladeen20/3086 Dyer v. American Biltrite18/5145 32nd Jabez v. Meekang Inc.19/4570N Mortgage Electronics v.

Mercado21/30N Liu v. Tiedemann

WEDNESDAY, APRIL 14

2 P.M.

19/3463 People v. Luis Cruz20/4200 Palau v. Pagan20/528 W., Scott v. Krizzie G20/4339 Board Mgrs, Peregrine

Tower v. NYC 201420/2969 Moldaver v. Pref 34th East18/4692 People v. Frank Ellis20/3749 Ingberman v. Colon19/4086 JPMorgan Chase v. Peters20/2004 New Canaan v.

Chadbourne & Parke20/3753 J.G. Jewlry v. Shree

Ramkrishna17/1210 People v. BIanca Alvarez18/5525 W./F., Children20/2752 Philadelphia Insurance v.

Kendall20/3413 Harvard Steel v. Bain20/3064 Hopkinson Assoc. v.

Greenwich Villager20/4413 McCabe v. Command

Financial20/2255N Berger v. Signac

Investments20/1504N Sifonte v. City of NY20/4383(1)N Napoli v. Bern

THURSDAY, APRIL 15

2 P.M.

19/5569 People v. Jose Castillo19/5147 Hunt v. NYS Housing19/5564 Z., Wu-Dao20/3384 Evans v. Bloomberg20/1897 Barreto v. 750 Third Owner19/841 People v. Christopher

Philippeax19/5522 Cedro, LLC v. Axia Realty20/2562 Sanchez v. MJ-MC Home

Health19/4112 People v. Deshaun Pope20/3990 S.A.R.L. Galerie v.

Marlborough Gallery20/5026 Misopoulos v. Lovebug

Nutrition20/3991 MUFG Union Bank v. Axos

Bank20/3309 Volpe v. NYC DOB20/3435 Dyszkiewicz v. City of NY19/4928 People v. Levon McEachern19/5339 Itria Ventures v. Beaver

Street20/2376 U.S. Bank v. Lightstone

Holding20/3924 Dixson v. Dixson20/4123N Mora v. Macquarie

Holdings19/375N Velasquez v. Consolidated

Edison

CALENDAR FOR THE MAY TERM

TUESDAY, APRIL 20

2 P.M.

19/5315 People v. Michael Bailey20/4613 Reagan v. Delmonico

Market20/1748 F., Davidson v. Darline L.20/4556 Adelana v. NYCDOE20/4462 Blackstock v. BP America19/1311 People v. Terry Angel20/4907 Ambac Assurance v.

Countrywide Home 20/4478 Security National v.

Arkadum 98 19/4325 JP Morgan v. Jones17/340 People v. Carlos Ruiz20/1990 Deutsche Bank v. Gouin20/2701 Reid v. City of NY20/781(1) Top Grade v. HDMI

Holdings2015 - 953 People v. Stephen

Robinson20/2803(1) Sutton v. Mathews 20/2680 Unitrin Advantage v. Dowd20/4735 Thaler v. Vartlotta20/4179 Amezquita v. RCPI

Landmark20/193N Kemeny v. Liberty Mutual 19/4938N 1032-1034 Lexington v.

Rogers2021 - 00184N Solomon Capital v.

Lion Biotech

WEDNESDAY, APRIL 21

2 P.M.

19/4528 People v. Tidelle Sanford19/3527 Deutsche Bank v. Chung20/2399 P., Desiree v. Michael L.20/3258 A. S., an Infant v. City of

NY20/2971 Martinez v. J R L Food2016 - 456 People v. Sheldon Myers20/2413 240W35 v. 243 West 34th2021 - 00530 MAve Hotel Investors

v. TS Worldwide LLC20/4683 Sabourin v. Chodos

2021 - 00493 Live Nation v. Best Buy Stores

19/1850 People v. Antonio Lugo20/3976 Whitestone Const. v. F. J.

Sciame 19/2631 Renner v. Office of

Children20/2503 Cruz v. National

Convention20/3373 Island Federal v. I&D

Hacking20/1100 People v. Robert Louis20/4203 United Nations Federal v.

Diarra 20/4727 Leon Cosgrove v. Ironshore

Indemnity20/3173 WA Route 9 v. Frydman20/2619N NYP Holdings v. Paul

Evans20/4213N English v. Procter &

Gamble

THURSDAY, APRIL 22

2 P.M.

19/314 People v. Kevion Hill20/4579 Jones v. Fegs WeCare-HR20/1296 V., Justice21/0249(1) Oliver v. Boone20/3831 Scott v. Triborough Energy20/3545 Muller St-Cyr v. NYCTA21/0439 Edstrom v. St. Nicks

Alliance19/4588 People v. Gregorio Burgos 20/1221 Antepara v. Garcia 20/4312 Crown Jewels v.

Underwriters at Interest 20/5014 Ackerman v. Nathan L.

Dembin & Associates19/1504 People v. Kevin Richardson 20/1240 Technology Ins. v. First

Mercury21/0162 Wong v. 15 Monroe Realty19/4970 True Gate v. Baroukhian18/2686 People v. Jacob Fashakin20/2558 320 West 115 v. All Building

Construction 20/4992 Rowbotham v. Wachenfeld20/3279N Hunlock v. NYCTA20/1400N Davis v. Richmond

Capital 20/4995N Strategic Funding v.

Steenbok, Inc

TUESDAY, APRIL 27

2 P.M.

18/2970 People v. Franklin Johnson 20/2514 MacGregor v. MRMD NY

Corp. 18/4648 E. Gabriella v. Joe V.20/3293 Pena v. Intergrate

Manhattan 20/2962 Amaya v. Purves Holdings20/4714 Garda USA v. Sun Capital 19/4090 People v. Jimmy Delgado20/3776 Avilon Automotive v.

Leontiev19/1640 Razzak v. Juno Inc 18/2506 People v. Hubert Cary19/266 People v. Hubert Cary 20/3332 Hyatt v. Queens West 20/4676 Deutsch v. Deutsch20/3235 Jones v. NYCTA19/4722 Ryan Lee Properties v. City

of NY 19/3146 Ryan Lee Properties v. City

of NY 19/3148(1) Clear Channel v. City of

NY 20/4044N 2001 Real Estate v. Stone

Land2021 - 00525N Busher v. Barry

WEDNESDAY, APRIL 28

2 P.M.

18/2184 People v. Jeffrey Pierre20/3292 Rosado v. NYCHA20/1888 C., Children20/3505 Nationstar Mortgage v.

Ahmed18/2666 People v. Tarrell Webster20/3855(1) Roam Capital v. Asia

Alternatives20/1537 People v. Dilber Kukic, et.

Al.20/832 People v. Maria Hrynenko20/4654 Chung v. William Schwitzer20/3405 A.D., an Infant v. 55 Inc.20/2645 Principia Partners v. Swap

Financial20/2954 Steinberg v. Steinberg20/4410 Almonte v. Edgecombe

Properties 21/0104 *Gibson, Dunn v. World

Class Capital20/4806 *Gibson, Dunn v. World

Class Capital 20/2442 Hogan v. 590 Madison 20/2741N Citigroup Global v.

Fiorillla20/651N Miranda v. Hanover River20/4940N Ringel v. Rogosnitzky

THURSDAY, APRIL 29

2 P.M.

19/3577 People v. Lashika Thomas20/4194 Barreto v. City of NY 20/3421 H., Genesis19/3898 *Bank of America v. Angel19/3601 *Bank of America v. Angel20/2829 People v. Empire Bonding21/0190(1) Sky Coverage Inc. v.

Alwex Inc.20/3510 Douglas Elliman v. E.T.A.

Realty21/0177 558 Seventh Ave v. Times

Sq Photo19/1904 People v. Keith Jennings20/4004 U.S. Tsubaki Holdings v.

Estes20/3339 Konstantakopolos v. Union

Mutual19/1525 People v. Demel Jennings20/3354 H.M., an Infant v. City of

NY20/3452 Capin & Associates v.

Herskovitz 20/3754 Weitz v. Bernstein20/3680N P.D., an Infant v. Lacour-

Gayet20/3748N Godlewski v. Park

Seventy-Ninth20/3703N MJC Electric v. Hudson

Meridan

CALENDAR FOR THE APRIL/MAY TERM

TUESDAY, APRIL 27

Arguments begin at 2 p.m.

Home Equity Mortgage Trust

Series 2006-1 v. DLJ Mortgage

Capital, Inc.

U. S. Bank National Association,

Inc. v. DLJ Mortgage Capital, Inc.

In the Matter of West 58th Street

Coalition, Inc. v. City of New

York

WEDNESDAY, APRIL 28

Arguments begin at 2 p.m.

Simmons v. Trans Express Inc.People v. William Wilkins

TUESDAY, MAY 4

Arguments begin at 2 p.m.

People v. Eric IversonPeople v. Jack CucceraldoPeople v. Ceasar Garcia

WEDNESDAY, MAY 5

Arguments being at 2 p.m.

Himmelstein v. Matthew BenderPeople v. Joseph Schneider

TUESDAY, MAY 4

2 P.M.

2014 – 1187 People v. Alo L. Ablakatov

20/4544 Lallo v. NYC Dept. Education

18/5134 J., Monique v. Keith S20/4990 Booston LLC v. 35 West

Realty18/3502 People v. Gerard Gonzalez20/2864 Mollette v. 111 John Realty18/5799 People v. Albert Vega20/4707 Shanahan v. Aerco

International20/4902(1) Kurovskaya v. Project

O.H.R.2015 – 944 People v. Ronald

Jackson20/694 Turner Construction v.

Mount Auburn 20/4520 Crawford v. Ally 19/5391 AmBase Corporation v.

ACREFI Mortgage20/3538 GLCA Securities v. AGC

Networks 20/2978 VXI LUX v. SIC Holdings20/3868 *Vullo v. Park Insurance 2021 - 00335N *Vullo v. Park

Insurance20/1148N Nozhnik v. NJS

Carpentry 20/3734N Romero v. Smith

WEDNESDAY, MAY 5

2 P.M.

Case #¹Case Name19/3036 People v. Oscar Sanders20/3657 Eduardo v. Webster

Equities21/0001 W., Kevin21/0166 Schmidt-Sarosi v. Office for

Fertility20/1757 Huang v. PPDAI Group18/4047 People v. Tomas Romero20/3192 Tirschwell v. TCW Group19/3591 People v. Harry Paule20/2967 Grandelli v. City of NY19/4356 Hernandez v. 767 Fifth

Partners20/3485 Bullen v. CohnReznick20/3311 Rivera v. O’Neill20/3727 CIP GP 2018 v. Koplewicz20/3459 Max v. ALP, Inc.20/4968 Derringer v. F.G.G.

Productions18/2572 People v. Shlomo Avraham20/4231N Taylor v. Behavioral

Solutions NY20/1177N Baldea v. City of NY

License 20/2302(1)N Mees v. Stibbe NY

THURSDAY, MAY 6

2 P.M.

19/2904 People v. Darlin Feliz20/2709(1) Adler v. DLJ Mortgage

Capital20/2876 L., Kyriacos v. Hyunjung K.20/4916(1) City Club v. NYC Board

of Standards20/2035 Campbell v. NYCDOE20/1256 People v. Niko Browne20/3513(1) People of State of NY v.

Merkin20/2453(2) EPK Kids Smart v. Leret19/1857 People v. Stacey Jackson20/3719 Bonnett v. Rose Associates20/3599 Zegelstein v. Roth Law

Firm 20/3202 Buffington v. Catholic

School20/2582(2) 27 West 72nd St v. Terzi20/2576(1) 31 East 28th Street v.

Terzi18/4153 People v. Jose Crespo20/4022 Digirolomo v. 160 Madison

Avenue19/4397N Hendricks v. Wayne

Center20/4229N Drimer v. Zionist

Organization20/2124N Romero v. 437 Prospect

TUESDAY, MAY 11

2 P.M.

20/2176 People v. Eddie Badia20/3752 Feiner & Lavy v. Zohar20/1215 B., Rosetta v. Michelle B.20/1991(1) Wells Fargo v. XL

Specialty Insurance18/4462 People v. Eric Christopher20/2477 City of NY v. Siemens

Electrical20/4663 Padilla v. Absolute Realty20/2312 Leading Insurance v.

Friedman LLP20/585 People v. Brett Wheeler19/3834 People v. Domingo Ortiz20/4162 American Transit v. Espinal21/0371 Shyer v. Shyer20/3958 De Menil v. De Menil20/3581 McRae v. New York Flower20/2859 McCormack Family v.

Fidelity Brokerage20/857 Budwilowitz v. Marc Nichols

Associates20/3488N Lex Retail v. 71st Street-

Lexington20/2425N Board of Mgrs., Carriage

v. Healy20/3001N Casey v. Whitehouse

Estates

WEDNESDAY, MAY 12

2 P.M.

17/2070 People v. Aubin Debraux20/4399 Mejia v. 110 William18/137 People v. Vijay Jain20/4316(1) Shchukin House v.

Iseev20/3664(1) Shchukin House v.

Iseev 20/2548(1) Penny Port v. MTA17/1026 People v. Raymond Merle19/2975 Johnson II v. NY

Presbyterian20/4542 Kohl v. Loma Negra 20/3900 Martinez v. 214 West 39th

St.20/2038 Komatsu v. NYCHRA18/1665 People v. Michael Lewis20/2366 SH575 Holdings LLC v.

Reliable Abstract 18/4312(1) Residential Board v.

Condominium Board20/3458 ALP, Inc. v. Moskowitz 20/1652 Ventura v. Chhabra 20/2328N Burlington Ins. v.

Sublink Ltd.21/0218N Realogy Holdings v.

Urban Compass19/5005N Zhang v. Jong

THURSDAY, MAY 13

2 P.M.

19/2983 People v. Segunda Gumbs20/2906(1) State Farm v. Surgicore

of New Jersey20/3196 Santullo v. Chen20/3085 Tobola v. 123 Washington18/3560 People v. Jose Carrion 20/4190 Kind Operations v. AUA

Private 20/917(1) Feiger v. Ray Enterprises 2021 - 00517 Cutri v. Wolfe20/1087 People v. Brandon

Simmons18/2246 People v. Dajon Melendez19/5567 Thurlow v. Costco

Wholesale20/3567 Alloy Advisory v. 503 West

33rd St.19/3923 People v. Anthony Tirado 20/3128 Gowen v. Helly Nahmad

Gallery20/1297(1) Redish v. Adler

20/2716 Wells Fargo v. Aegon USA19/3366(1)N Genna v. Klempner20/4588N Downtown New Yorkers

v. City of NY*****

The following cases have been scheduled for pre-argument confer-ence on the dates and at the times indicated:

Acosta, P.J. Friedman, Renwick, Manzanet-Daniels,

Gische JJ.

MONDAY, APRIL 12

9:30 A.M.

654964/16 Navid Aminzadeh v. Waspit Group, Inc. And Richard Steggall

10 A.M.

652705/20 Gibson, Dunn & Crutcher LLP v. Sarah Johnson

653874/16 Fidelity And Guaranty Insurance Company v. Apple Builders And Renovations, Inc., et al

11 A.M.

650108/20 Career Group Inc. v. Rhodes Associates Executive Search, Inc.

12 P.M.

653351/15 Marcal Finance SA, et al v. Leonora Sutton, et al

2 P.M.

654516/12 Bruce Soffer, et al v. Danny Montanez

300851/16 Jose Santos v. Medical Arts Sanitarium, Inc., et al

MONDAY, APRIL 19

10 A.M.

365081/20 Kamau Hixon v. Ola Hixon

12 P.M.

300557/16 William S. Culman v. Marianne Boesky

TUESDAY, APRIL 20

2 P.M.

650291/19 Christopher Mahne v. Cell Source, Inc.

4 P.M.

652326/19 ALP, Inc. And Libra Max v. Lawrence Moskowitz

THURSDAY, APRIL 22

2 P.M.

657581/19 Medallion Bank v. Peter Makridis A/K/A Panagiotis Makridis

WEDNESDAY, APRIL 28

11 A.M.

653579/20 111 Fulton Street Investors, LLC v. Fulton Quality Foods, LLC

MONDAY, APRIL 26

10 A.M.

151383/21 Nimble Ventures, LLC v. Area 52 Labs LP, et al

12 P.M.

160831/16 The Board Of Managers Of 150 East 72nd Street Condominium v. Vitruvius Estates LLC

TUESDAY, MAY 4

10:30 A.M.

653267/20 MEPT 757 Third Avenue LLC v. Hayim Grant

2 P.M.

651880/18 MLF3 NWJ LLC v. Jekogian Family Trust, et al

TUESDAY, MAY 11

10 A.M.

350060/18 Anonymous v. Anonymous

APPELLATE TERM

60 Centre Street Room 401

10 A.M.

MONDAY, APRIL 12

Mcshan, J.P., Brigantti and Hagler, JJ.

19/155 People v. Nunez, Steven20/145 People v. Gami, Rajesh21/021 Tavares, Anthony v. Tavares,

Juan & Nycha21/027/028 Newman, David v.

American Airlines

The Following Cases Are On For Submission. No Appearance Is Necessary.

MONDAY, APRIL 12

Mcshan, J.P., Brigantti and Hagler, JJ.

17/389 People v. Corley, Julius19/326 People v. Colon, Rafael

New York County

SUPREME COURT

Ex-Parte Motion Part

And Special Term

Part Ex-Parte Motions

Room 315, 9:30 A.M.

Special Term Proceedings Unsafe Buildings

Bellevue Psychiatric Center Kirby Psychiatric Center

Metropolitan Hospital Manhattan Psychiatric

Center Bellevue Hospital

The following matters were assigned to the Justices named below. These actions were assigned as a result of initial notices of motion or notices of petition return-able in the court on the date indicated and the Request for Judicial Intervention forms that have been filed in the court with such initial activ-ity in the case. All Justices, assigned parts and courtrooms are listed herein prior to the assignments of Justices for the specified actions. In addition, listed below is information on Judicial Hearing Officers, Mediation, and Special Referees.

First Department_____■■■■■■■■■_____

Court of Appeals_____■■■■■■■■■_____

Court Calendars

Court Calendars

Court: Kings Supreme

Plaintiff Attorney(s): Douglas

Shearer, Shearer PC, Locust Valley

Defense Attorney(s): Timothy J.

Sheehan, DeCorato Cohen Sheehan &

Federico, New York, (Sebastian Lattu-

ga, Sebastian Lattuga); Patrick J. Shel-

ley, Kerley, Walsh, Matera & Cinque-

mani, Seaford (Sukhbir Guram); None

reported (Franklin Hospital)

Facts & Allegations: On April 18,

2012, plaintiff Micheline Francois, 49,

a nurse’s aide, underwent surgery

that addressed her spine’s lumbar

region. The procedure included a

laminectomy, which involved exci-

sion of portions of the L4 and L5

vertebra; fusion of the spine’s L4-5

level; and application of a stabilizing

graft of bony matter. The surgery was

performed at Franklin Hospital, in the

village of Valley Stream. The fusion

failed, and Francois required further

surgery.

Francois sued Franklin Hospital;

two orthopedists who were believed

to have performed and/or oversaw

the initial surgery, Dr. Sukhbir Guram

and Dr. Sebastian Lattuga; and the

doctors’ practice, Sebastian Lattuga

M.D., P.C. The lawsuit alleged that the

doctors failed to properly perform the

surgery, that the failure constituted

malpractice, and that the remaining

defendants were vicariously liable for

the doctors’ actions.

Franklin Hospital was dismissed.

The matter proceeded to a trial

against the remaining defendants.

Francois’ initial surgery addressed

radiculopathy that had developed

in 2011. Lattuga administered

months of conservative treatment,

but it was not successful. Plaintiff’s

counsel contended that Francois had

been suffering a herniation of the

L4-5 intervertebral disc, but that a

presurgical MRI scan showed that

the herniation had receded and

was not compressing a nerve. He

claimed that the scan also depicted

a herniation of the L3-4 disc, and he

argued that the L3-4 herniation was

the cause of the radiculopathy that

prompted the surgery. He contended

that the radiculopathy persisted

after the surgery, and he argued

that the radiculopathy’s persistence

indicated that the surgery had not

addressed the proper region of the

spine. He claimed that Lattuga, who

had recommended the surgery, had

not adequately investigated the L3-4

herniation.

Plaintiff’s counsel also contended

that the surgery worsened Francois’

condition. He contended that the

graft was not properly created, and

he claimed that Francois suffered

resultant damage and destabilization

of the surrounding area.

Each doctor denied that he per-

formed the surgery. One document

indicated that Guram assisted Lattu-

ga, and another document indicated

the Guram performed the surgery.

Lattuga’s counsel contended that

the surgery addressed the proper

region of Francois’ spine. He claimed

that an MRI scan had depicted wors-

ening of the L4-5 herniation, and he

contended that the herniation was

compressing a nerve. He also claimed

that Lattuga had warned that the

fusion could have failed. Lattuga’s

counsel contended that the fusion’s

failure was an accepted risk of the

surgery that Francois underwent, and

he argued that the fusion’s failure did

not establish that the procedure was

not properly performed.

The defense also contended that

Francois’ L3-4 herniation’s symptoms

were a postsurgical development that

was not related to the surgery.

Injuries/Damages: On April 18,

2012, Francois underwent unsuccess-

ful surgery that involved fusion of her

spine’s L4-5 level. The fusion failed.

Francois claimed that the surgery did

not relieve her underlying symptoms,

that it aggravated preexisting radicu-

lopathy, and that it destabilized her

spine’s L3-4 level. In 2013, she under-

went revisionary surgery. The proce-

dure included a discectomy, which

involved excision of her L3-4 disc; a

laminectomy, which involved excision

of a portion of an adjacent vertebra;

fusion of her spine’s L3-4 and L4-5

levels; and application of a stabilizing

graft of bony matter.

Francois claimed that she suffers

residual pain and limitations. She

sought recovery of damages for past

and future pain and suffering.

Result: The jury rendered a

defense verdict.

MOTOR VEHICLE

Man Struck by Car, Claimed Injuries of Shoulder and Spine

Verdict $200,000; Actual $150,000

Carlos Gonzalez v. James Cincotta

and A.I. Transport Holdings, LLC, No.

152218/18

Court: New York Supreme

Plaintiff Attorney(s): Bradley R.

Lawrence, Ginarte Gallardo Gonzalez

& Winograd, LLP, New York

Defense Attorney(s): Adam M.

Prestifilippo, Martin Fallon & Mullé,

Huntington

Facts & Allegations: On June

29, 2015, plaintiff Carlos Gonzalez,

65, a deliveryman, was struck by a

reversing motor vehicle. The inci-

dent occurred on Horatio Street,

near its intersection at Washington

Street, in the West Village section of

Manhattan. Gonzalez fell onto the

roadway, and he claimed that he suf-

fered injuries of his back, his neck

and a shoulder.

Gonzalez sued the vehicle’s driver,

James Cincotta, and the vehicle’s

owner, A.I. Transport Holdings, LLC.

The lawsuit alleged that Cincotta was

negligent in the operation of his vehi-

cle. The lawsuit further alleged that

A.I. Transport Holdings was vicari-

ously liable for Cincotta’s actions.

Gonzalez claimed that Cincotta

was reversing on a one-way roadway

and had not sounded the vehicle’s

horn. Gonzalez’s counsel contended

that Cincotta failed to exercise due

caution.

Cincotta claimed that he could

not have avoided the accident. He

claimed that Gonzalez suddenly

emerged from between two parked

vehicles. Defense counsel noted that

Gonzalez was jaywalking in an area in

which a crosswalk was nearby.

Injuries/Damages: Gonzalez was retrieved by an

ambulance, and he was transported

to a hospital. He underwent minor

treatment that included X-rays of his

right, dominant arm’s shoulder.

Gonzalez ultimately claimed that

he suffered a full-thickness tear of

his right shoulder’s supraspinatus

tendon, which is a component of

the rotator cuff, a tear of the same

shoulder’s glenoid labrum, a tear of

the same shoulder’s biceps tendon,

and herniations of his C5-6, C6-7 and

L5-S1 intervertebral discs.

On Jan. 15, 2016, Gonzalez

underwent arthroscopic surgery

that addressed his right shoulder.

He also underwent chiropractic

manipulation, which addressed his

herniated discs, and the adminis-

tration of painkilling trigger-point

injections, which were directed to

his cervical region.

Gonzalez claimed that, as a result

of his injuries, he could not work dur-

ing the three weeks that followed

the accident. He also claimed that

he could not work during the two

months that followed his surgery.

Gonzalez further claimed that he

suffers residual pain, that he suffers

permanent residual diminution of

his right shoulder’s range of motion,

and that his residual effects hinder

his performance of activities that

require lifting of heavy objects. He

also claimed that his pain hinders his

ability to sleep. He sought recovery

of damages for past and future pain

and suffering.

Defense counsel contended that

Gonzalez did not suffer a serious

injury, as defined by the no-fault law,

Insurance Law § 5102(d). Defense

counsel contended that Gonzalez’s

injuries were degenerative conditions

that predated the accident.

Result: The jury found that the

parties shared liability for the acci-

dent. The defendants were assigned a

total of 75 percent of the liability, and

Gonzalez was assigned 25 percent of

the liability.

The jury also found that Gon-

zalez suffered a serious injury. It

determined that Gonzalez suffers

significant limitation of use of a

body function or system, though it

also determined that Gonzalez does

not suffer permanent consequential

limitation of use of a body organ or

member.

The jury concluded that Gonza-

lez’s damages totaled $200,000, but

the comparative-negligence reduction

produced a net recovery of $150,000.

Verdicts« Continued from page 5

splice and otherwise alter sounds has only increased the discussion around intermediate copying. The near effortless ability to digitally access, capture, combine and manipulate new and prior existing material, in pursuit of creation of a final new product, provides artists with invaluable tools.

In the past few years many art-ists are embracing the idea of using Artificial Intelligence (or AI) tools in the studio and while Minaj might

not have specifically used AI in the making of the “Sorry” demo, it is that clear artists are continuing to increase their use of all available tools when experimenting with creating new music. For example, the artist Benoit Carré released an album with AI, in which he utilized technology called “Flow Machines” to provide chunks of audio that were then arranged to compose tracks. The artist Holly Herndon created an AI called “Spawn” to interpret singing by her ensemble and which then reverted to form the beds of songs.

All of this makes for a very exciting landscape of digital music creation tools. Such tools, how-ever, have opened the door for increased infringement litigation if the use of preexisting material is not properly addressed.

The advancement of AI is also beginning to play an even greater role in an artist’s manipulation of preexisting material. From the highest level advanced stu-dio equipment all the way down to mere mobile applications, AI is assisting all levels of artists and creators in developing new works. Such increased content creation is oftentimes creating a rise in intermediate copying itself, possibly wholly by an AI program devoid of any artists’ intervention.

The Chapman v. Minaj holding should serve as a reminder to art-

ists and rights holders alike that private experimentation with pre-existing material remains squarely within the fair use strong hold; however, any final result which may be commercially exploited, should be carefully considered as to whether it still rests within the bounds of fair use should a license have not been obtained. If private experimentation also happens to utilize AI or any other advanced technology to manipulate preex-isting material, and the resulting final product is to be commercially exploited, can fair use protection still extend in the absence of a license?

If copyright of AI-generated works should be fair use, does that reasoning apply to studio-generated technology creations? Some scholars have begun to

argue that, under certain circum-stances, unauthorized intermedi-ate copies created for and by AI programs, rather than created by an artist, should be considered fair use. Case law has not yet devel-oped around this issue even as law review articles proliferate. See Jessica L. Gillotte, Copyright Infringement in Al-Generated Art-works, University of California, Davis Vol. 53:2655, 2672-2674 (2020) (citing Edward Lee, Tech-nological Fair Use, 83 S. Cal. L. Rev. 797, 843 (2010) and Amanda Lev-endowski, How Copyright Law Can Fix Artificial Intelligence’s Implicit Bias Problem, 93 Wash. L. Rev. 579, 624 n.221 (2018)). If accepted by courts, that reasoning could also be used to further strengthen an artists’ ability to create works using advanced studio technology, including possibly works created with the assistance of, or wholly through, AI.

If an AI generated copy is per-missible intermediate copying, should studios and artists be looking to exploit such material in new ways? It would seem that this frontier in technology, music and copyright law is going to test the court’s liberality in how far to extend the doctrine of fair use for years to come.

And while it may be too early to tell how courts will treat AI-gener-ated intermediate copies created in the production of new music, artists and studios alike must be cognizant of these developments to ensure they are remaining within the bounds of fair use while con-tinuing to fully explore the avail-able technological avenues for creative exploitation.

Music« Continued from page 4

If an AI generated copy is permissible intermediate copying, should studios and artists be looking to exploit such mate-rial in new ways?

Outside Counsel / Verdicts

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please contact: Phone:

10 | MONDAY, APRIL 12, 2021 | NYLJ.COM

Page 11: New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL PROCEDURE: Denial of bank-ruptcy trustee’s recovery of $200,000 security under FRCP

NEW NOTE!

STATE OF NEW YORKCOMMISSION ON JUDICIAL

NOMINATION

Commission Releases List of Nominees for the Court of Appeals’ Coming Vacancy Created by

Judge Leslie E. Stein’s Retirement.

Under New York’s Constitution, the Commission on Judicial Nomination is charged with evaluating, and then recommending to the Governor, candidates to fi ll vacancies on the State’s highest court, the Court of Appeals of the State of New York. The Commission vigorously seeks out, carefully evaluates and then nominates to the Governor well-qualifi ed candidates from the extraordinary, diverse community of lawyers who have been admitted to practice in New York State for at least 10 years.

In connection with the coming vacancy on the Court created by Associate Judge Leslie E. Stein’s retirement, effective June 4, 2021, the Commission today released its Report to the Governor. The Report contains the names of seven candidates who in the Commission’s collective judgment are well qualifi ed, by virtue of their character, temperament, profes-sional aptitude, experience, qualifi cations and fi tness for offi ce, to fulfi ll the duties of that high offi ce.

The Commission’s Report follows months of out-reach efforts that were conducted through public announcements, individual solicitations of applica-tions and a virtual informative meeting held remotely over Zoom by the Commission. These efforts resulted in the receipt of 45 applications. The applicant pool was diverse. Of the 45 candidates, 26 (57%) were female and 14 (31%) were of diverse backgrounds. The Commission interviewed 17 candidates, of whom 13 (76%) were female and 5 (29%) were ethnic minorities.

Judge E. Leo Milonas, Chair of the Commission, stated: “The extraordinary quality of our applicants is noteworthy. The number of exceptional and diverse candidates refl ects the unparalleled depth of the legal profession in New York.”

The Commission’s seven nominees (in alphabetical order) to the Governor are:

Criminal Matters, First Judicial District, Judge of the Court of Claims and acting Supreme Court Justice;

tice (Crowell & Mooring);

tice (Selendy & Gay PLLC);

tice, Appellate Division, SecondDepartment;

late Division, Fourth Department;

Attorney; and,

late Division, Fourth Department.

appointment from among this list no sooner than April 23, 2021 nor later than May 8, 2021. The State Senate then, within 30 days after receipt of the Gover-nor’s choice, must confi rm or reject the appointment.

Although the Commission on Judicial Nomination has now completed its role with respect to the Judge Stein vacancy, the Commission still must furnish another slate of candidates to fi ll the vacancy left on the Court of Appeals by the recent resignation of Judge Paul G. Feinman. The Commission must deliver its list to the Governor no later than July 21, 2021. The Commission is mindful of the extraordinary circum-stances presented by Judge Feinman’s unexpected retirement and the need to swiftly fi ll the resulting vacancy on the Court of Appeals. The Commission will promptly discharge its Constitutional and statu-tory responsibilities and nominate and recommend to the Governor three to seven well-qualifi ed candidates.

The next scheduled vacancy on the Court of Appeals will occur on January 1, 2022, due to Asso-ciate Judge Eugene M. Fahey’s mandatory retirement by reason of age.

NEW NOTE!

BRONX COUNTY

Supreme Court

Rules for Election Matters Part 2021

Orders to Show Cause to validate or invalidate designating or nominating petitions, required to be commenced on, or before, April 8, 2021, shall be

of the Supreme Court, on Monday, April 12, 2021, at 2:00 P.M., virtually, on the Microsoft Teams Platform,

and parties appearing pro se, shall advise the Clerk of the Part of their addresses, telephone numbers, and email address. Proof of Service of the Orders to Show Cause, as well as any interposed Counter-claims or Answers, shall be e-fi led with NYSCEF, and/or emailed to [email protected], on, or before, April 12, 2021, at 1:00 P.M. The failure to comply with the foregoing fi ling requirement may result in preclusion.

In any matter alleging a question of residency of a candidate, a written offer of proof shall be e-fi led with NYSCEF and/or emailed to [email protected], on the return date before 1:00 P.M. This offer of proof shall specify: the address where the petitioner believes the candidate actually resides and the reasons therefor, or the reasons why the petitioner believes that the candidate does not reside at the address stated in the designating/nominating petition; and the name of any witness which the party intends to call to testify regarding this issue.

Elections, shall be served upon the opposing party; and e-fi led with NYSCEF and/or emailed to [email protected] on, or before, April 12, 2021, at 1:00 P.M. The failure to serve and fi le the same may be deemed a waiver and further proof precluded.

Any petition signature sought to be challenged or reinstated, whether contained in the Specifi cations

voter registration number.A written offer of proof in all matters alleging a

question of fraud, including a statement as to the number of witnesses expected to be called and the status of such witnesses (e.g., signatory, subscrib-ing witness, notary public, expert, or other), shall be e-fi led with NYSCEF and/or emailed to [email protected], on, or before, April 12, 2021 at 1:00 P.M. This written offer of proof shall include: the name of each witness expected to be called; the status of such witness (e.g., signatory, subscribing witness, notary public, expert, or other); and, whether the name of such witness appears in the petition, and if so, specifying the volume, page, and, where appropriate, the line where the name appears. The failure to fi le and serve such offer of proof may be deemed a waiver and further proof may be precluded.

Orders to Show Cause to validate a designating or nominating petition,

commenced within three (3) business days after

petition/candidacy was invalidated, shall be return-able on April 22, 2021 at 2:00 P.M., virtually, on the

Microsoft Teams Platform, 851 Grand Concourse – Room 607, or at some other date or as the Court directs, which may depend on the date when the

These rules are subject to change, depending upon developments in the Covid-19 public health emergency in New York State.

FIRST DEPARTMENTAppellate Term

Filing Dates for the May Term

The May 2021 Term of the Court will commence on May 3, 2021.

The last dates for fi ling for that term are as follows:The Clerk’s Return, Record on Appeal, Appendices,

fi led on or before March 9, 2021.

31, 2021.

8, 2021.

ADMINISTRATIVE ORDER OF THE CHIEF

ADMINISTRATIVE JUDGE

Pursuant to the authority vested in me, and with

of the Courts, I hereby amend, effective immediately, section 202.70(a) of the Uniform Civil Rules of the Supreme and County Courts, relating to monetary thresholds for the Commercial Division, to read as follows (new matter bold underlined: stricken mat-ter [bracketed]):

§ 202.70. Rules of the Commercial Division of the Supreme Court

(a) Monetary Thresholds

Except as set forth in subdivision (b), the monetary thresholds of the Commercial Division, exclusive of punitive damages, interest[s], costs, disbursements and counsel fees claimed, are established as follows:

Albany County: $25,000Bronx County: $75,000Eighth Judicial District: $50,000

Nassau County: $100,000New York County: $500,000Onondaga County: $25,000Queens County: $50,000Seventh Judicial District: $50,000Suffolk County: $50,000

KINGS COUNTY

Supreme Court

Rules For Special Election Part

Orders to Show Cause in Election Law proceedings to validate or invalidate Designating Petitions for the June 22, 2021 Primary Election, required to be com-menced on or before Thursday April 8, 2021, shall be returnable remotely via Microsoft Teams before

Wednesday April 14, 2021

proceedings shall provide the court with an email address for the respondent candidate/objectors or their attorneys prior to the return date. All parties will be emailed a link to join the Teams meeting prior to the return date.

All proofs of service, pleadings, specifi cations of objections, offers of proof, and any Answers, shall be electronically fi led on NYSCEF no later than the time of the April 14th calendar call. Failure to fi le same shall be deemed a waiver and further proof shall be precluded.

Specifi cations of objections to a Designating Peti-tion previously fi led and served in accordance with

In any proceeding by an aggrieved candidate or party chairperson to invalidate a Designating Petition where specifi cations of objections have not been fi led

of objections shall be fi led on NYSCEF no later than the time of the April 14th calendar call. Failure to fi le such specifi cations of objections shall be deemed a waiver and further proof shall be precluded.

In matters alleging a question of residency of a candidate, a complete written offer of proof shall be fi led on NYSCEF no later than the time of the April 14th calendar call. Failure to serve and fi le same shall be deemed a waiver and further proof shall be precluded.

In matters alleging questions of fraud, a complete written offer of proof including a statement as to the number of witnesses expected to be called, the identifi cation of each such witness (by name, address, volume, page and line) and the status of each such witness (i.e., candidate, signatory, subscribing wit-ness, notary public, etc. . . .), shall be fi led on NYSCEF no later than the time of the April 14th calendar call. Failure to serve and fi le such offer of proof shall be deemed a waiver and further proof shall be precluded.

Orders to Show Cause in proceedings to validate Designating Petitions commenced within three busi-ness days of a determination of invalidity by the

time which will be indicated on the signed Order to Show Cause. In accord with Matter of Lacorte v Cytryn (21 NY3d 1022 [2013]), all such petitions must be suffi ciently particularized to give notice of which determinations are claimed to be erroneous or which signatures were improperly invalidated by

NEW YORK STATE COURT OF APPEALS

Notice To The Bar:Primary Election Appeals

The Clerks’ Offi ces of the Court of Appeals and the Appellate Division Departments release the following joint scheduling announcement:

The Departments have scheduled and reserved the following dates to consider appeals related to the June 22, 2021 primary elections:

First Department: Tuesday, May 11

Second Department:

Third Department: Thursday, May 13

Fourth Department: Tuesday, May 11

The Court of Appeals has scheduled Tuesday, May 18, 2021 to consider appeals and motions for leave to appeal related to primary election matters.

primary election sessions of the Appellate Divisions and the Court of Appeals, parties who seek to have

Continued on page 25

Court Calendars Continued On

Page 24

IAS PARTS2 Freed: 280 (80 Centre)3 Cohen, J.M.: 208 (60 Centre)4 Nervo: 327 (80 Centre)5 Ramseur: 328 (80 Centre)6 Rakower: 205 (71 Thomas)7 Lebovits: 345 (60 Centre)8 Kotler: 278 (80 Centre)9 Sattler: 355 (60 Centre)11 Madden: 351 (60 Centre)12 Silvera: 442 (60 Centre)13 Mendez: 442 (60 Centre)14 Bluth: 432 (60 Centre)15 Crane: 304 (71 Thomas)17 Hagler: 335 (60 Centre)18 Tisch: 623 (111 Centre)19 Sokoloff: 684 (111 Centre)

20 Kaplan: 540 (60 Centre)21 Adams: 320 (80 Centre)22 Headley: 136 (80 Centre)23 Perry: 307 (60 Centre)24 Katz: 325 (60 Centre)25 James: 1254 (111 Centre)26 Rosado: 543 (60 Centre)27 Sharpe: 731 (111 Centre)28 Feinman 1127a (111 Centre)29 Kalish: 104 (71 Thomas)30 Heitler: 408 (60 Centre)31 O’Neill Levy: 218 (60 Centre)32 Kahn: 1127B (111 Centre)33 Chan: 305 (71 Thomas)34 Marin: 308 (80 Centre)

35 Edmead: 438 (60 Centre)36 Saunders: 210 (71 Thomas)37 Engoron: 418 (60 Centre)38 Nock: 1166 (111 Centre)41 Cannataro: 490 (111 Centre)42 Bannon: 428 (60 Centre)43 Reed: 222 (60 Centre)44 Hoffman: 321 (60 Centre)46 Billings: 204 (71 Thomas)47 Goetz: 1021 (111 Centre)48 Masley: 242 (60 Centre)49 Sherwood: 252 (60 Centre)51 Cooper: 212 (60 Centre)52 Frank: 289 (80 Centre)53 Borrok: 238 (60 Centre)54 Schecter: 228 (60 Centre)55 d’Auguste: 103 (71 Thomas)56 Kelley: 311 (71 Thomas)57 Kelly: 1045 (111 Centre)58 Cohen, D.B.: 574 (111 Centre)59 James, D.: 331 (60 Centre)60 Friedman: 248 (60 Centre)61 Ostrager: 232 (60 Centre)62 Sweeting: 279 (80 Centre)MFP Kahn: 1127B (111 Centre)MMSP-1: 1127B (111 Centre)MMSP-10: Silver: 1227 (111 Centre)IDV Dawson: 1604 (100 Centre)

PART 40TR

JUDICIAL MEDIATION

On Rotating Schedule:

Silver 1227 (111 Centre)Kaplan 422 (60 Centre) Cannataro

TRANSIT AUTHORITY SETTLEMENT

Heitler: 408 (60 Centre)

EARLY SETTLEMENT

ESC 1 Vigilante 106(80 Centre)ESC 2 Wilkenfeld 103 (80 Centre)

JHO/SPECIAL REFEREES60 Centre Street

80R Edelman: Room 56280R Galette: Room 501B83R Sambuco: Room 24090 Bransten: Room 63791 Ramos: Room 56492 Roth: Room 51593 Thomas: Room 56299 Straniere: Room 528

JHO/SPECIAL REFEREES80 Centre Street

16 Schlesinger: Room 10681R Hewitt: Room 32184R Feinberg: Room 11487R Burke: Room 23889R Hoahng: Room 236

SPECIAL REFEREE71 Thomas Street

85R Shamahs: Room 300

MEDIATION-NON-JURY80 Centre Street

Kern-Rappy: Room 234

PRESUMPTIVE MEDIATION60 Centre Street

Egan: Room 230

SUPREME COURTMotion Calendars

Room 130, 9:30 A.M.60 Centre Street

SUPREME COURTMotion Dispositions

from Room 13060 Centre Street

Calendars in the Motion Submission Part (Room 130) show the index number and caption of each and the disposition thereof as marked on the Room 130 calendars. The calendars in use are a Paper Motions Calendar, E-Filed Motions Calendar, and APB (All Papers By)Calendar setting a date for submission of a missing stipula-tion or motion paper. With respect to motions fi led with Request for Judicial Intervention, counsel in e-fi led cases will be notifi ed by e-mail through NYSCEF of the Justice to whom the case has been assigned. In paper cases, counsel should sign up for the E-Track ser-vice to receive e-mail notifi cation of the assignment and other develop-ments and schedules in their cases. Immediately following is a key that explains the markings used by the Clerk in Room 130.

Motion Calendar Key:

ADJ—Adjourned to date indi-cated in Submission Courtroom (Room 130).

ARG—Scheduled for argument for date and part indicated.

SUB (PT #)—Motion was submit-ted to part noted.

WDN—Motion was withdrawn on calendar call.

SUB/DEF—Motion was submitted on default to part indicated.

APB (All Papers By)—This motion is adjourned to Room 119 on date indicated, only for submission of papers.

SUBM 3—Adjourned to date indi-cated in Submission Court Room (Room 130) for affi rmation or so ordered stipulation.

S—Stipulation.C—Consent.C MOTION—Adjourned to

Commercial Motion Part Calendar.

FINAL—Adjournment date is fi nal

SUPREME COURT

60 CENTRE STREET

Submissions PartMONDAY, APRIL 12

101154/20 Edouard v. 32083 Owners Corp.

101685/12 Gregori v. Gregori305324/09 Munchus v. Munchus800006/19 Ricci v. Katchis100081/21 Smith v. Spar &

Bernstein100065/21 Swinson v. NYC Dept. of

Social

TUESDAY, APRIL 13

100340/20 Drummond v. NYCHA And

101172/20 Schwartz v. New York-Presbyterian

WEDNESDAY, APRIL 14

100114/21 Estrada v. NYS Div. of Housing

Paperless Judge PartMONDAY, APRIL 12

162163/14 16 West 8th LLC. v. Gluckman

650800/18 3p-733 v. Davis150953/21 501 West 41st St. v.

Nasab657080/20 5w Public Relations LLC

v. Mistdefi Int’l Inc154700/19 A. O. A Minor By His

Mother v. NYC650414/21 Abbey v. Jp Morgan

Chase & Co.654536/19 Abdullah Abuzaid v.

Almayouf650210/21 Altair Project I v. Vitol

Americas Corp. F/k/a158711/20 American Express Nat.

Bank v. Kokoreva157891/20 American Express Nat.

Bank v. Mali157800/19 American Express Nat.

Bank v. Mullaly654871/19 American Transit Ins. v.

Melendez650129/19 American Transit Ins. v.

Suero Diaz151143/21 Aron Law v. NYC Law

Dept.805192/20 Arora v. Nezhat157655/20 Asn Westmont v.

Precision Pipeline653986/20 Atlas Brookview

Mezzanine LLC v. Db Brookview LLC

156871/18 Beasley Media Group v. R E V O L U T I O N W E A R

656549/20 Beekman Partnership v. Capital Parking LLC

150698/19 Beetle Bug v. 145 Ave. A Rlty. LLC

654737/20 Birch Fashion Inc v. Lynn Brands LLC

161047/20 Board of Mgrs. of v. NYC Fire Dept.

152449/19 Bond v. NYC159879/20 Bop Nw Loft LLC v. 424

West 33 Inc.160765/20 Branche v. 409

Edgecombe Ave. Housing150040/21 Brandwein v. Hartig652107/20 Bsprt Cre Finance v.

Hager190363/17 Carlie v. Atwood &

Morrill Co.655272/19 Chester County

Employees v. Alnylam Pharmaceuticals, Inc.

150275/19 Chimborazo v. NYC159937/16 Chow v. Equinox Hldgs.,

Inc.450653/20 NYC v. Lin190066/19 Clayton v. A-C Fire Pump152994/20 Clermont Ins. Co. v. Best

Energy Power 2015 LLC450325/20 Comm’r. of The v.

Ennakab161318/20 Conway v. Congregation

Beth Hachsidim151837/16 Coon v. Wfp Tower B Co.

L.P.150487/21 Cornell Univ. v.

Patsalides656203/20 Country-Wide Ins. Co. v.

Confi dent Medical Services656731/20 Country-Wide Ins. Co. v.

Confi dent Medical Services650422/21 Damoka USA, Inc. v.

Nazmiyal, Inc.159704/18 Davidson v. 267-269

West 45th St.805093/19 Dawn Jones v. Boland153540/20 Disarro v. Emblemhealth

Inc151571/18 Doerner v. Guaitolini151780/20 Dolores Park LLC D/b/a v.

243 Dev. LLC656554/20 Dwf V 311 W 43rd v. Just

Goods, Inc.159040/15 Evans v. Gladden

Properties152031/19 Falkovich v. Con Ed Co.151056/16 Fernandez v. Mount

Sinai Hosp.654526/20 Flatbush Center Parking

LLC v. Kings Theatre Master Tenant

153972/20 Fox v. Bremen House, Inc.

653370/20 Franklin v. Herman Miller, Inc.

190170/20 Guccione v. A.O. Smith Water Prods. Co

160894/17 Hay v. Harris-Camden Terminal

152763/20 Hereford Ins. Co. v. Accelerated Dme Recovery

153683/20 Hernandez v. Extell Dev. Co.

151016/12 Hijiki Restaurant Inc. v. NYC

159239/20 in Re Application of The v. NYC Police

160497/17 J.T. Magen & Co. Inc. v. Nissan North America, Inc.

657143/20 Jardan 520 v. Bvs Acquisition Co

157435/20 Jewish Press, Inc. v. NYC Police

950609/20 John Doe v. Christian Brothers Academy

155531/17 Johnson v. Time Warner Cable NY

190254/17 Karen A. Williamson v. Aerco Int’l, Inc.

190165/19 Kaye v. Avon Prod.s, Inc.158573/19 Khaimov v. NYC152865/20 Kim v. Loupis652598/18 Kinyk v. Hart153690/18 Kolesnikova v. Tao Group

LLC190253/19 Lape v. Aerco Int’l, Inc.190057/19 Lappas v. A.O. Smith

Water Prods. Co150212/21 Law Offi ce of

Jack Jaskaran v. Metro. Transportation

151164/20 Lerner v. Alpizar650165/21 Levine v. Raymond651980/18 Liberty Mutual Ins. v.

Jenkins Bros.152215/21 Lifetime Vending v. NYC650852/21 Maguire Ft. Hamilton

LLC v. Pfeiffer652740/20 Manojlovic v. Roosevelt

Island Swimming Inc.152151/17 McDowell v. Rodriguez950730/20 McNeil v. NYC654537/20 Men of Steel Enterprises

v. Bespoke Harlem West160671/20 Mic General Ins. v.

Kavathas150823/17 Min v. Matranga159882/19 Monteferrante v. Islam151666/19 Mulligan v. NYC160598/20 Muslar v. Hall653901/18 My Size, Inc. v. North

Empire LLC656192/20 Nassau Mall Fee Owner

v. Fitness Int’l650466/21 Ng Crown 20 E. 46th St

LLC v. Medical One NY P.C.150805/19 Only Properties v. Sylvia

Wald & Po Kim Art156016/20 Paladino v. Cojocaru657062/20 Paramount Leasehold v.

Seminole Hard Rock159785/19 Pawnee Leasing Corp. v.

433 5th Ave NY Corp.160945/19 Pawnee Leasing Corp. v.

433 5th Ave NY Corp.152211/21 Pena v. NYC156627/15 Pera v. NYC650269/21 Philips Rs North

America v. Savara, Inc. F/k/a Mast

150092/21 Platt v. Berkowitz656887/19 Polacco v. Fried160721/20 Police Offi cer Rafael

Santos v. Shea657090/20 Q3 Investment Recovery

v. McEvoy652976/18 Quality Sheet Metal, Inc.

v. Alliance Mechanical Group950006/19 Quinones v. Roman

Catholic654038/18 Rad v. Iac/interac-

tivecorp—2:30 P.M.153022/18 Raggio v. Nanoosh

B’way. LLC

657320/20 Raikos Electric v. T.M. Bier & Associates, Inc.

154616/18 Ras v. 43-25 Hunter LLC161195/20 Rashidi v. NYS Div. of156946/20 Ressler v. Farrell Fritz190218/19 Ricaldi v. Aerco Int’l, Inc.150258/19 Ricky Alfonso Vargas

Cedeno v. One Ppw Owner161798/18 Rist v. 767 Fifth Partners

LLC159208/18 Sanchez v. Church of

The Intercession656388/19 Sci Funeral Services of

New v. Kenneth T. McGinley650347/21 Series 2020a of Nahla v.

Klaynberg158531/20 Shesah LLC v.

Xenopoulos657103/20 Skyhorse Publishing,

Inc. v. Blakley158688/16 Smith v. Grand St. Guild650761/21 Starwood Hotels &

Resorts v. Weitzman652413/18 State Farm Fire And

Casualty v. Weiner150970/19 Stolarik v. NYC656453/20 Strategic Review

Committee LLC v. Prodigy Network

650213/21 Sympathy For The Devil v. 1170 B’way. Tenant LLC

650574/21 Tapas Y Mas v. Panasia Estate, Inc.

153364/18 Torres v. Turcios161411/19 Travelers Prop. v. Vema

Group157349/20 Trustees of The NY v.

Prime Contractors, Inc.159238/20 Villaneuva v. H.E.L.P.

Social Service152193/16 Washington v. Sapir Rlty.

Mgt. Corp.190118/18 Willdermood v. Aerco

Int’l, Inc.653546/18 World Wide Packaging v.

Cargo Cosmetics154425/20 Wyatt v. NYC650494/18 Zanani v. Oriska Corp.

TUESDAY, APRIL 13

160083/18 145 Cpn LLC v. Nash850117/19 217 W 20th St. Lender

LLC v. Aura Real Prop. (nys) LLC156309/20 318 West 15th St. v. 320

W 15 LLC159467/20 352 Acquisition Co., LLC

v. Martinez657319/20 4069 Rosen Associates v.

Tournamentone Corp.153687/20 43-01 22nd St. Owner

LLC v. Juvenal Reis151437/17 452 East 118th St. LLC. v.

329 Pleasant Ave. Mazel654858/20 Ae Outfi tters Retail Co. v.

256 Fordham Road Associates652067/21 Agrawal v. Liebow655047/20 Alpha Omega Alliance v.

Landsman152912/20 American Express Nat.

Bank v. Pritchard655537/20 American Express Nat.

Bank v. Stratis Corp. D.B.A. Casa158460/18 Ansioso v. Cross Country

Const. LLC161188/20 Arbelaez v. Champion

Parking 230 LLC652510/20 Art Media v. Art Media

Hldgs.656277/20 Ashkenazy v. Gindi651709/19 Asp Frontier Hldg., Inc. v.

Shandong Ruyi Tech.153928/20 Batista v. 1998 Alexander

Karten155645/17 Branker v. Solco

Plumbing Supply, Inc.160333/16 Carey v. Toy Indus.

Assoc. Tm158491/20 Cassway Contracting

Corp. v. Zdg450283/21 Comm’rs. of The v.

Chitta155317/20 Commonwealth Land

Title v. Ribeiro652103/18 Continental Casualty Co.

v. Kb Ins. Co., Ltd.652367/19 Country-Wide Ins. Co. v.

Ferreira650790/20 Country-Wide Ins. Co. v.

Garcia657257/19 Country-Wide Ins. Co. v.

Monteomery150061/21 Dayton Hldgs. v. Llopiz805138/15 Disla v. Zietz850186/20 Djurasevic v. Boucher950549/20 Doe v. Morris190069/19 Ellyn Cioni v. Avon

Prod.s, Inc.655735/18 Fawn Second Ave. LLC v.

First American Title657083/20 Feder v. Feder Kaszovitz

Llp650973/17 Forefront Partners LLC.

v. Omanoff156032/14 Fundus v. Scarola154030/14 Fundus v. Scarola154376/20 Gg Columbus Circle LLC

v. Subway Real Estate Corp.805400/17 Gray v. NYCH&HC—9

A.M.158023/20 Greco v. Stahl York Ave.

Co. L.L.C.160741/18 Hanson v. Chateau Gc

LLC150687/17 Hooper v. NYC150955/21 in The Matter of The v.

For An Order Pursuant To650627/21 in The Matter of The v.

Ge Oil & Gas651605/21 in The Matter of The v.

Miller655976/18 Ittmann v. Schlumberger155787/20 Jeon v. Benco Dental

Supply, Co.654948/18 Jhac LLC v. Advance

Entertainment151690/21 John Civetta & Sons,

Inc. v. Gilbane Residential150130/21 Jones-Lacroix v. Socure

Inc.154085/20 Jumptuit, Inc. v. Shafran151324/20 Kay Waterproofi ng Corp.

v. Mendia652961/20 Kel-Mar Designs, Inc. v.

Pds Second Carroll LLC158813/20 Kim v. Kang159883/16 Konstantynovska v.

Caring Professionals, Inc.654921/20 Kookmin Best Ins. Co. v.

NY Central Mutual Fire805372/19 Krembs v. Hiesiger Md805375/12 Krembs v. NYU Langone

Hosps.153809/15 Landess v. Br 31158564/19 Laparra v. Empire City

Subway Co.159953/20 Law Firm of Alexander

D. v. Citigroup Global Markets Inc.

155686/19 Lewis v. Pierce Bainbridge Beck Price

158727/20 Lexington Associates v. Comm’r. of The

154932/20 Liburd v. NYC150760/21 Lopez v. NYS Div. of805403/17 Mary Jean Stewart v.

Terrance Cardinal Cook160087/20 Moore v. City School

Dist. of The152533/20 Morrissey v. 400 West

59th St.157542/20 Muladzhanov v. NYC159660/17 Myrzabaeva v. Novel

Home Health Care150878/20 Nunez v. Inwood House

Housing155293/20 Olim Associates v.

Graham Restoration Co., Inc.650468/21 One Hudson Yards

Owner LLC v. Knauer150880/20 Pacifi c Indemnity Ins. v.

Privatus Care Solutions950570/20 Padula v. Archdiocese of

NY652284/20 Patel v. Casper Sleep Inc.159608/20 Philadelphia Indemnity

v. Jemstone Group LLC161075/17 Pimentel v. De Freight

LLC152202/21 Popovic v. NYC160260/17 Pv Hldg. Corp. Including

v. Ab Quality Health Supply Corp.156210/20 Pv Hldg. Corp. Including

v. Azcare Inc.650632/21 Quality Protection

Services v. Universal Protection153187/18 Quinn McCabe Llp v.

Emc Bronxville Metro.155120/20 Rattner v. Interior Mgt.155921/20 Red Apple 81 Fleet Pl. v.

Quik Park Ely Garage LLC190267/20 Rentko v. Avon Prods.

160511/18 Roberti v. Madison Square Garden

450304/21 Silverman v. Greenberg656986/20 South St. Seaport Ltd. v.

Pineapple Princess LLC D/b/a150844/21 Sow v. Saks & Co.654167/20 Sri Eleven 1407 B’way. v.

Weaver Apparel654453/20 Ssc Spv No. 1 LLC v. 6th

Ave. Capital LLC150468/20 State Farm Fire And

Casualty v. Veloz655917/20 Sunrise Offi ce Services,

Inc. v. NYC Dept.152730/21 Tarantola v. NYCTA657193/20 Tekiner v. Bremen

House Inc.650633/17 Tgt v. Advance

Entertainment655248/20 Valley Nat. Bank v. Sami

Express Cab Corp.655246/20 Valley Nat. Bank v.

Shamuely Cab Corp.655249/20 Valley Nat. Bank v.

Tarzan Cab Corp.655304/20 Valley Nat. Bank v. Top

Express Cab Corp.151712/17 Vincent Hodes Family v.

Advance Entertainment LLC157141/20 Walker v. Brann850333/18 Wells Fargo Bank v.

Hamilton150390/21 Williams v. Morgan

Stanley153548/19 Winters v. Atlantic Dev.

Corp.160963/16 Wolfe-Santos v. NYS

Gaming Comm.657145/20 Yorkshire House

Associates v. Soho Contracting Corp.

WEDNESDAY, APRIL 14

654684/18 13th Street Associates v. Spiderbands LLC

152351/21 383 West B’way. Corp. v. Sherif Solomon

152057/18 400 East 77th St. Owners v. NYC

151437/17 452 East 118th St. LLC. v. 329 Pleasant Ave. Mazel

650542/21 841-853 Fee Owner v. Space Initiatives LLC

654800/20 980 Madison Owner LLC v. Exhale Enterprises II LLC

158776/16 Abel v. 158-60 Stanton St.

152818/18 Alena Rogalsky v. NYC655025/20 American Express Nat.

Bank v. 71 Brighton Ave. Ltd.656048/20 American Express Nat.

Bank v. Astro Dismantlers Corp.655223/20 American Express Nat.

Bank v. Coral Gables Bakery And Cafe

655144/20 American Express Nat. Bank v. Jmd Const. Services

159836/19 American Express Nat. Bank v. Johnson Aka Dermot B

150299/20 American Express Nat. Bank v. Ogilvie-Thompson

655514/20 American Express Nat. Bank v. Saadey Enterprises

650873/20 American Express Nat. Bank v. Symplmed Technologies

656137/20 American Express Travel v. Datt Express Corp.

657416/19 American Express Travel v. Motorcars of Distinction, Inc.

654911/20 American Express Travel v. Nga Millworking LLC

651654/20 American Express Travel v. Top Shelf Closets

655554/20 American Express Travel v. Treasure Coast Recovery

655376/20 American Express Travel v. Vescom Systems

657138/19 American Express Travel v. Znc Health Care LLC

152507/20 American Transit Ins. v. Billy

654813/18 Amsterdam Nursing Home Corp. v. Walkin

150313/20 Bank of America v. Saltzer

651156/21 Bank of Hope v. C & J Textiles

158738/17 Bchakjan v. Gateway Rlty.

152593/21 Big Apple Antiques v. Yelp, Inc.

651426/13 Board of Mgrs. of 141 v. 141 Acquisition Associates LLC

151035/16 Brandman v. Duffy151964/13 Bravo v. Rajveer158930/19 Bryczkowski-Fordin v.

Spa Osaka, Inc.151437/21 Carswell v. Mustaphalli452131/16 Cefalo v. NYC157291/15 Ciccetti v. Turner Const.

Co.152049/21 Claremont Hotel, Inc. v.

Joseph L. Balkan, Inc.155903/20 Con Ed Co. v. Rocco

Agostino Landscape950739/20 Dan v. Big Brothers Big

Sisters of190043/20 Davidson v. Altman

Lighting Co.151251/21 Dececco v. Sullivan

Engineering657552/19 Dmf NYC LLC v. D.C.N.Y.

Enterprises Inc.151430/19 Draper v. Safway Atlantic153597/16 Elsayed v. Center For

Urban Community654911/16 Esterson v. Spring657027/17 Federated Fire

Protection v. Skanska USA Bldg. Inc.

652126/20 Florida McBd v. Columbia Care

651871/18 Fresenius Kabi USA v. Hetero USA

150064/21 Fujii v. Hong157098/20 Garcia v. NYC NYCH&HC657000/20 Giabourani v. Anastasiou155912/15 Gordon v. Uddin158948/19 Gorman v. Myron Leo

LLC157669/20 Gs 800 6th LLC v.

Stafford Franchise Hldgs.650400/16 Harry Spring Consulting

LLC v. Esterson655868/20 Hsbc Bank USA v. Phh

Mortgage Corp.652710/17 Kamal v. Hashmat160154/16 Karantzoulis v. NYU

Langone Medical Center150452/21 Kenzo Digital Immersive

v. Zeitgeist Parallax Inc.650221/21 Kiop Meadowbrook v.

Danice Stores of154893/19 Kosovsky v. Kosovsky152698/21 La Reddola v. NYC Dept.

of157146/20 Lamvermeyer v. NYC160681/17 Lee v. Independent

Mechanical, Inc.160984/20 Lobuonno v. 817

Lexington Ave I152647/20 Lobuonno v. Related

Companies151812/17 Loja v. Bop Mw

Residental Market LLC101340/15 Luna v. Brodcom West

Dev.650584/21 Marketpl. Spv LLC v.

Alternus Energy Inc.161428/14 Martin v. Claude Castro

& Associates153184/16 Mattson v. NYC100032/21 Mensah v. Morgan

Stanley Brokerage651529/21 Metro. Group Prop. v.

NYCTA161478/19 Migdol v. Turner655370/20 Monroe Capital Mgt. v. H

F Z Capital Group LLC161977/19 Morales v. Epstein161060/20 Moustafa v. Nyu-

Langone Hosp. -655608/20 Naomi Shu v. 45-55

Pineapple St.657246/19 Napoli Shkolnik v.

Greenwich Ins. Co.158750/18 Nezaj v. 10 Park Ave.

Tenants’ Corp153195/18 Niveyro v. 151 Grand154822/20 Norguard Ins. Co. v. 140

West 28 Owner LLC155788/20 Norguard Ins. Co. v.

Three Eighty Fulton St.

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CLASSIFIED ADVERTISING Contact: Carol Robertson Phone: 212.457.7850 Email: [email protected]

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TO PLACE, CORRECT OR CANCEL CLASSIFIED ADS:Contact: Carol Robertson

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www.nylj.com

Boutique corporate law firm located on the shores of Lake Champlain in Burlington, Vermont seeks an

experienced, personable and intelligent individual to fill full-time corporate associate role. Tasks will include

assisting clients to structure, negotiate, and close sophisticated corporate transactions, including debt and

equity financing transactions, mergers & acquisitions and other similar business transactions.

The successful candidate must have a J.D. degree and have at least four years of prior private practice

experience with corporate transactions. Experience in private placement transactions and/or mergers and

acquisitions a plus. Successful candidates must have a strong work ethic, be well organized, detail-oriented,

possess excellent contract drafting skills and general knowledge of securities laws.

Compensation includes salary based on seniority and experience, potential bonus, and 401(K).

Remote practice available.

CORPORATE ATTORNEY-NEW YORK PRACTICE, NEW ENGLAND CHARM

Qualified candidates should submit resume and transcript to:

[email protected]

Plaintiff Personal Injury Law Firm seeking to hire Attorney with experience.

Please email resume to: [email protected]

ATTORNEY

Title: Associate Counsel

Department: Office of General Counsel, Headquarters (Latham, NY)

Salary: To be Determined

Date: March 24, 2021

NYSUT Office of General Counsel

New York State United Teachers (“NYSUT”) seeks two attorneys to fill positions with the Office of General Counsel at its Latham, New York, location, just outside Albany in the

Capital District. NYSUT is a statewide labor organization affiliated with more than 1,200 local unions, each representing its own members, and is affiliated with two national

unions, the American Federation of Teachers (AFT) and the National Education Association (NEA). NYSUT represents more than 600,000 people who work in, or are retired from,

New York’s schools, colleges, and healthcare facilities, including teachers, teacher aides and assistants, college and university faculty and professional staff, school bus drivers,

custodians, secretaries, cafeteria workers, nurses and healthcare technicians. The successful candidate should have a commitment to the labor movement and its members.

NYSUT’s Office of General Counsel is an in-house union counsel’s office of approximately 35 attorneys. The Office of General Counsel provides representation and guidance in a

variety of settings in both the public and private sectors. The Office of General Counsel is a collegial environment where attorneys support one another and often work together

on litigation. The successful candidate should be prepared to work collaboratively with the office’s attorneys, managers and support staff as well as with the larger organization’s

officers, employees, local unions and union members.

NYSUT offers a competitive salary and benefits; and provides and pays for continuing legal education and training. NYSUT’s Office of General Counsel supports the interests of

our attorneys in balancing a challenging professional career with their personal lives and other outside interests and responsibilities.

Position Summary

The primary responsibilities of an Associate Counsel are to represent NYSUT, its members and local unions in litigation in state and federal agencies and courts, and in arbitration

proceedings, including representing members in disciplinary matters. In court, Associate Counsel have the opportunity to appear at both the trial and appellate level, handling

a case from filing to final judgment or settlement. The attorney will have an independent caseload and the opportunity to work on a wide variety of cases and matters. There

is a balance of autonomy, with support from managing attorneys and colleagues. The attorney will provide legal advice on a wide spectrum of labor and employment, and

government matters, including those relating to the Education Law, Labor Law and Civil Service Law. Opportunities to provide education and training to members, union leaders

and NYSUT staff are available to attorneys of every level of experience. Opportunities may be available to advise NYSUT and its related organizations on compliance and contract

matters, where NYSUT acts as an employer, maintains a trust, is a party to a contract, or is otherwise regulated by the IRS, Department of Labor, and various other state and

federal agencies.

In-state travel is required for court and arbitration appearances.

Required Skills and Experience: The successful candidate should have up to 5 years’ experience of litigation experience, including experience handling arbitrations, in addition

to having substantial knowledge in the areas of civil litigation, Education, and Labor and Employment Law in both the public and private sectors. The successful candidate

also should have strong research, writing, analytical, advocacy, and client counseling skills; experience drafting legal pleadings and memoranda; and negotiating, drafting and

reviewing settlement agreements. And, the successful candidate should be proficient with the technologies used by a modern law office to communicate, conduct research,

and maintain case and document management systems as well as to litigate cases remotely, including technologies such as Outlook, SharePoint, Westlaw, Teams, Zoom, and

the like.

Qualifications: Admitted to the New York Bar; admitted to at least one federal district court preferred; knowledge of the labor movement and its objectives; ability to manage a

caseload and to work on a team.

To apply for a position as an Associate Counsel with NYSUT, please send a cover letter, resume and writing sample by April 30th, 2021 to [email protected].

NYSUT is proud to be an equal opportunity employer. NYSUT is committed to building a diverse and inclusive team. Women, people of color, and LGBTQ people are encouraged to apply.

New York State United Teachers is affiliated with the American Federation of Teachers, NEA, AFL-CIO, representing teachers and other professionals, school related professionals, higher

education professionals, health care professionals and retirees. www.nysut.org

Small established commercial/real estate law firm, midtown

Manhattan, seeks litigator with 3-10 years experience, salary

and benefits commensurate.

Submit resume to Stuart Shaw at:

ATTORNEY

[email protected]

Time Equities, Inc. (“TEI”), a full-service international real estate company, is seeking an experienced, detail-oriented, proactive,

Legal Assistant with strong word processing and organizational skills to provide support to the General Counsel and other attorneys

in the legal department. This position will work from their centrally located headquarters at 55 5th Avenue New York City and reports

to the General Counsel. The responsibilities and requirements are listed below. Compensation will commensurate with experience.

TEI is a loyal EEO employer that provides a work-friendly environment with a broad competitive compensation and benefits package.

RESPONSIBILITIES

Assist the legal department in producing closings for real estate acquisitions, financings, and leasing.

Assisting in the preparation of real estate agreements including rent reductions, guarantees, private placement memorandums

(PPM), coop conversions, Securities Exchange Commissions (SEC) filings, closing notices, general letters, and consents.

Processing invoices through an online system, times sheets, and may include some paralegal work.

REQUIREMENTS

BENEFITS AND PERKS:

Broad competitive compensation and benefits package including Medical, Dental, Vision, Life, and Disability insurance

401(k) Retirement Plan with company-matched contributions

Eligible to elect other voluntary benefits including FSA, additional life insurance coverages

Up to $3,500/year in tuition reimbursement for continuing education relevant to one’s job.

Tax-free benefits for mass transit or parking expenses

Access to an Employee Assistance Program for services including counseling, financial and legal consultation, referrals for

care service, and more

Opportunity to enroll in an internal mentorship program

Opportunity to serve on various internal committees such as the Change Committee and Wellness Committee

Health and wellness opportunities including discounted gym membership options with NYSC and Class Pass

Paid time off including vacation, sick, and personal days

Come join a great company and start a rewarding career path in a booming industry!

If you are interested, please send a resume, salary expectations, and short cover letter explaining

specifically why you should be the one selected to: [email protected]

LEGAL ASSISTANT - REAL ESTATE

5 year’s experience as a legal assistant

real estate experience is a must

Strong word processing and organizational skills

Exceptional writing skills and attention to detail

Some understanding of Paralegal work

Proficiency in Word

Proficiency Excel skills a must

AVID Xchange (accounts payable system) a plus

Our client’s New York office is looking for an associate with 3+

years of experience in high yield Capital Markets transactions.

The work is high-value, including high yield capital markets

transactions, public offerings, 144A and Regulation S

offerings, private placements and liability management.

As an associate in this team, you will develop an extremely

broad knowledge of industries and sectors, ranging

from complex transnational infrastructure financings to

sophisticated solutions for banking institutions.

The work can be demanding, but this is a team that prides

itself on a culture of collaboration and training.

For a confidential chat about this or other roles we are

handling, please contact Will Sciarretta on

[email protected]

HIGH YIELD CAPITAL

MARKETS ASSOCIATE

NEW YORK

12 I MONDAY, APRIL 12, 2021

OTICE OF QUALIFICA-TION of GRESHAM DY-

NAMIC COMMODITIESFUND, L.L.C. Appl. forAuth. filed with Secy. ofState of NY (SSNY) on 02/19/21. Office location: NYCounty. LLC formed inDelaware (DE) on 02/12/21.SSNY designated as agentof LLC upon whom processagainst it may be served.SSNY shall mail process toc/o Corporation Service Co.(CSC), 80 State St., Albany,NY 12207-2543. DE addr. ofLLC: c/o CSC, 251 LittleFalls Dr., Wilmington, DE19808. Cert. of Form. filedwith Secy. of State, 401Federal St., - Ste. 4, Dover,DE 19901. Purpose: Anylawful activity.0000516671 m8 m a12

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HOLDINGS, LLC Arts. ofOrg. filed with Secy. ofState of NY (SSNY) on 02/18/21. Office location: NYCounty. SSNY designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to AlexanderBisignano, 214 E. 9th St.,Apt. 4-C, NY, NY 10003.Purpose: Any lawful activi-ty.0000516659 m8 m a12

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LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/11/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/09/21. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co. (CSC), 80State St., Albany, NY12207-2543. DE addr. ofLLC: CSC, 251 Little FallsDr., Wilmington, DE 19808.Cert. of Form. filed withSecy. of State, Div. ofCorps., John G. TownsendBldg., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516647 m8 m a12

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LLC Arts. of Org. filed withSecy. of State of NY (SSNY)on 02/23/21. Office location:NY County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Wilson,Elser, Moskowitz, Edelman& Dicker LLP, Attn: NickCaiazzo, 150 E. 42nd St.,NY, NY 10017. Purpose:Any lawful activity.0000516660 m8 m a12

N

OTICE OF QUALIFICA-TION of AndreaNY6,

LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/11/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/09/21. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co. (CSC), 80State St., Albany, NY12207-2543. DE addr. ofLLC: CSC, 251 Little FallsDr., Wilmington, DE 19808.Cert. of Form. filed withSecy. of State, Div. ofCorps., John G. TownsendBldg., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516650 m8 m a12

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OTICE OF FORMA-TION of SHOWFIELDS

SIMON MAGIC BOX LLCArts. of Org. filed withSecy. of State of NY (SSNY)on 02/23/21. Office location:NY County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to Corpora-tion Service Co., 80 StateSt., Albany, NY 12207-2553.Purpose: Any lawful activi-ty.0000516678 m8 m a12

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OTICE OF QUALIFICA-TION of AndreaNY2,

LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/11/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/09/21. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co. (CSC), 80State St., Albany, NY12207-2543. DE addr. ofLLC: CSC, 251 Little FallsDr., Wilmington, DE 19808.Cert. of Form. filed withSecy. of State, Div. ofCorps., John G. TownsendBldg., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516637 m8 m a12

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STREAMLINE CRE FUND-ING GROUP LLC. Arts. ofOrg. filed with the SSNY on04/01/21. Office: NassauCounty. SSNY designatedas agent of the LLC uponwhom process against itmay be served. SSNY shallmail copy of process to theLLC, c/o LaMonica Herbst& Maniscalco, LLP, 3305Jerusalem Avenue, Suite201, Wantagh, NY 11793.Purpose: Any lawful pur-pose.0000524060 a12-M my17

OTICE OF QUALIFICA-T I O N of MINERVA

POWER CONNECTIONLLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/19/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/16/21. Princ. office ofLLC: 1003 Rio Grande, Aus-tin, TX 78701. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co., 80 StateSt., Albany, NY 12207-2543.DE addr. of LLC: 251 LittleFalls Dr., Wilmington, DE19808. Cert. of Form. filedwith Secy. of State of theState of DE, 401 FederalSt., Ste. 4, Dover, DE 19901.Purpose: Battery energystorage projects.0000516635 m8 m a12

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OTICE OF QUALIFICA-TION of DG CAPITAL

ADVISORS, LLC Appl. forAuth. filed with Secy. ofState of NY (SSNY) on 02/23/21. Office location: NYCounty. LLC formed inDelaware (DE) on 02/01/21.Princ. office of LLC: 460Park Ave., 22nd Fl., NY,NY 10022. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co., 80 StateSt., Albany, NY 12207-2543.DE addr. of LLC: The Cor-poration Trust Co., Corpo-ration Trust Center, 1209Orange St., Wilmington, DE19801. Cert. of Form. filedwith Secy. of State, 401Federal St., #4, Dover, DE19901. Purpose: Any lawfulactivity.0000516633 m8 m a12

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OTICE OF FORMA-TION of ET COACHING

& CONSULTING, LLC Arts.of Org. filed with Secy. ofState of NY (SSNY) on 01/11/21. Office location: NYCounty. SSNY designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to CorporationService Co., 80 State St., Al-bany, NY 12207. Purpose:Any lawful activity.0000516652 m8 m a12

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OTICE OF QUALIFICA-TION of LP RE HOLD-

INGS LLC Appl. for Auth.filed with Secy. of State ofNY (SSNY) on 02/17/21. Of-fice location: NY County.LLC formed in Delaware(DE) on 02/11/21. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to c/oCorporation Service Co., 80State St., Albany, NY12207-2543. DE addr. ofLLC: 251 Little Falls Dr.,Wilmington, DE 19808.Cert. of Form. filed withDE Secy. of State, John G.Townsend Bldg., 401Federal St., Dover, DE19901. Purpose: Any lawfulactivity.0000516656 m8 m a12

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OTICE OF QUALIFICA-TION of ESPORTS EN-

GINE, LLC Appl. for Auth.filed with Secy. of State ofNY (SSNY) on 02/23/21. Of-fice location: NY County.LLC formed in Delaware(DE) on 05/10/19. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to c/oCorporation Service Co., 80State St., Albany, NY12207-2543. DE addr. ofLLC: 251 Little Falls Dr.,Wilmington, DE 19808.Cert. of Form. filed withDE Secy. of State, 401Federal St., #4, Dover, DE19901. Purpose: Any lawfulactivity.0000516630 m8 m a12

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OTICE OF QUALIFICA-TION of 3WER, LLC.

Authority filed with NYSecy of State (SSNY) on 3/4/21. Office location: NewYork County. LLC formedin Delaware (DE) on 2/19/21. SSNY is designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,Fl. 42, NY, NY 10005. DEaddress of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secyof State,401 Federal St. Ste 4,Dover, DE 19901. Purpose:any lawful activity.0000519653 m22-M a26

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OTICE OF QUALIFICA-TION of MATM LLC

Appl. for Auth. filed withSecy. of State of NY (SSNY)on 02/18/21. Office location:NY County. LLC formed inDelaware (DE) on 02/03/21.SSNY designated as agentof LLC upon whom processagainst it may be served.SSNY shall mail process toc/o Corporation ServiceCo., 80 State St., Albany,NY 12207-2543. DE addr. ofLLC: 251 Little Falls Dr.,Wilmington, DE 19808.Cert. of Form. filed withDE Secy. of State, John G.Townsend Bldg., 401Federal St., Dover, DE19901. Purpose: Any lawfulactivity.0000516669 m8 m a12

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OTICE OF QUALIFICA-TION of WIKIFRI, LLC

Appl. for Auth. filed withSecy. of State of NY (SSNY)on 02/24/21. Office location:NY County. LLC formed inGeorgia (GA) on 02/27/18.Princ. office of LLC: 110Ardsley Ln., Alpharetta,GA 30005. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co., 80 StateSt., Albany, NY 12207-2543.Cert. of Form. filed withSecy. of State, 313 W.Tower, 2 Martin LutherKing, Jr. Dr., Atlanta, GA30334-1530. Purpose: Anylawful activity.0000516676 m8 m a12

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OTICE OF QUALIFICA-TION of Maia Master

Fund Management, LLC.Authority filed with NYSecy of State (SSNY) on 3/11/21. Office location: NewYork County. LLC formedin Delaware (DE) on 2/7/20.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 595 MadisonAve, Fl. 8, NY, NY 10022.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. Purpose:any lawful activity.0000519738 m22-M a26

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LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

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OTICE OF QUALIFICA-TION of 170 Cantitoe

Street LLC. Authority filedwith NY Secy of State(SSNY) on 3/5/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 2/22/21. SSNY isdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000519652 m22-M a26

N

otice of Formation ofFlushing Northern Man-

agement LLC. Arts of Orgfiled with Sec. of State ofNew York (SSNY) on 03/03/2021. Office in NassauCo. SSNY desig. agent ofLLC upon whom processagainst it may be served &shall mail process to theLLC, 23 Whittier Dr, Al-bertson, NY 11507. Pur-pose: General.0000517346 M08 M A12

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OTICE OF FORMA-TION of GONE ROGUE

DESIGNS, LLC Arts. ofOrg. filed with Secy. ofState of NY (SSNY) on 03/11/21. Office location: Nas-sau County. Princ. office ofLLC: 2757 Shore Dr., Mer-rick, NY 11566. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to Attn:Dana Rogoff at the princ.office of the LLC. Purpose:Any lawful activity.0000519374 m22 m a26

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OTICE OF QUALIFICA-TION of Hudson Square

Operating LLC. Authorityfiled with NY Secy of State(SSNY) on 3/5/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 2/1/21. SSNY is des-ignated as agentof LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000519664 m22-M a26

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OTICE OF FORMA-TION of Bloo Loo Arts

LLC. Arts of Org filed withSecy. of State of NY (SSNY)on 12/28/20. Office location:NY County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 126 FifthAve, #11D, New York, NY10011. Purpose: any lawfulact.0000516750 M08 M A12

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OTICE OF FORMA-T I O N of VERITAS

LEADERSHIP, LLC Arts.of Org. filed with Secy. ofState of NY (SSNY) on 03/04/21. Office location: NYCounty. Princ. office ofLLC: 515 Madison Ave., 8thFl., NY, NY 10022. SSNYdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to theLLC at the addr. of itsprinc. office. Purpose: Anylawful activity.0000519373 m22 m a26

N

OTICE OF QUALIFICA-TION of Flint Hills In-

surance Agency, LLC. Au-thority filed with NY Secyof State (SSNY) on 3/9/21.Office location: New YorkCounty. LLC formed inMissouri (MO) on 12/31/97.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. MO addressof LLC: 1200 Main St, Ste800, Kansas City, MO 64105.Cert. of Formation filedwith MO Secy of State,600W. Main St, Jefferson City,MO 65101. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000519662 m22-M a26

N

OTICE OF QUALIFICA-TION of EQ SERVICES

LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 03/04/21. Officelocation: NY County. LLCformed in Virginia (VA) on12/09/09. Princ. office ofLLC: 31 Hudson Yards, NY,NY 10001. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co., 80 StateSt., Albany, NY 12207-2543.Cert. of Form. filed withClerk of the Commission,1300 E. Main St., 1st Fl.,Richmond, VA 23219. Pur-pose: Any lawful activity.0000519378 m22 m a26

N

OTICE OF QUALIFICA-TION of Island

NYCRFI Tier HoldingsLLC. Authority filed withNY Secy of State (SSNY) on2/17/21. Office location:New York County. LLCformed in Delaware (DE)on 10/22/18. SSNY is desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005. DE ad-dress of LLC: 1209 OrangeSt, Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000519667 m22-M a26

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LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

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ROBATE CITATION -File No. 2020-1491 -

SURROGATE’S COURT -BRONX COUNTY – CITA-TION - THE PEOPLE OFTHE STATE OF NEWYORK, By the Grace of GodFree and Independent - TOHARRIETT POTOCKI 429LINCOLN BLVD, APT 2R,HAUPPAUQE, NY 11788;Attorney General State ofNew York - 120 Broadway,NY, NY 10271; Bronx Pub-lic Administrator - 851Grand Concourse, Bronx,NY 10451 and to thoseUNKOWN WHOSE WHERE-ABOUTS IS UNKNOWNAND AFTER DUE DILI-GENCE CANNOT BE AS-CERTAINED, IF THEY BELIVING AND IF DEAD TOTHEIR HEIRS AT LAW,DISTRIBUTEES, EXECU-TORS, ADMINISTRA-TORS, CREDITORS, LIE-NORS, THEIR HUSBANDSOR WIVES, OR SUCCES-SORS INTERESTS, ANDTO THE UNKNOWNHEIRS AT LAW ANDNEXT OF KIN OF SA-MUEL TENZER, DE-CEASED, IF THEY BELIVING, AND IF THEY BEDEAD, TO THEIR EXECU-TORS, ADMINISTRA-TORS, CREDITORS, ANDLIENORS, THEIR HUS-BANDS OR WIVES ORSUCCESSORS IN INTER-EST.A petition having been du-ly filed by CHARLESGREENBERG, who is do-miciled at 10 RIVERROAD, SCARSDALE, NEWYORK 10583, YOU AREHEREBY CITED TO SHOWCAUSE before the Surro-gate’s Court, at 851 GRANDCONCOURSE, BRONX,NEW YORK BRONX Coun-ty on May 4, 2021 at 9:30o’clock in the fore noon ofthat day, why a decreeshould not be made in theestate of SAMUELTENZER lately domiciledat 888 GRAND CON-COURSE, APT 2J, BRONX,NY 10451 admitting to pro-bate a Will dated APRIL25, 2017 (a Codicil dated N/A a copy of which is attach-ed, as the Will of SAMUELTENZER deceased, relat-ing to real and personalproperty, and directingthatLetters Testamentary issueto CHARLES GREEN-BERGLetters of Trusteeship is-sue toLetters of Administration c.t.a. issue toTHE CITATION IS TO BESERVED PURSUANT TOTHE ATTACHED COURTORDER DIRECTING AL-TERNATIVE SERVICE OFPROCESS. THIS CITATIONMUST BE SERVED WITHTHE FOLLOWING AN-NEXED DOCUMENTS;(I) THE ORDER DI-RECTING ALTERNATIVESERVICE;(II) THE COURT’S EX-PLANATORY COVER LET-TER AND(III) THE VIRTUALAPPEARANCE NOTICE.THE AFFIDAVIT OFSERVICE MUST STATETHAT THE CITATION, OR-DER, COVER LETTERAND NOTICE WERESERVED ON THE CITEDPARTY.NO IN-PERSON APPEAR-ANCES SHALL BE MADEON THE RETURN DATE.IF YOU WISH TO OBJECTTO THE RELIEF SOUGHTIN THIS PROCEEDING,YOU MUST DO SO INWRITING, IN ACCORD-ANCE WITH THE AN-NEXED COVER LETTERGIVING NOTICE TO CIT-ED PARTIES.Dated, Attested and SealedMARCH 22 2021Hon. Nelida Malava-Gonzalez, SurrogateElix R. Madera-Fliegei-man, Chief ClerkAttorney for PetitionerRICHARD H. BENNETT,ATTORNEY AT LAWTelephone Numbers949-779-2956 - CELL 917-885-6611Address of Attorney1740 BROADWAY, 15THFLOOR, NY, NY 10019E-mail - [email protected][NOTE: This citation isserved upon you as re-quired by law. You are notrequired to appear. If youfail to appear it will be as-sumed you do not object tothe relief requested. Youhave a right to have an at-torney appear for you.]0000521020 m29-M a19

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OTICE OF QUALIFICA-TION of AndreaNY4,

LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/11/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/09/21. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co. (CSC), 80State St., Albany, NY12207-2543. DE addr. ofLLC: CSC, 251 Little FallsDr., Wilmington, DE 19808.Cert. of Form. filed withSecy. of State, Div. ofCorps., John G. TownsendBldg., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516645 m8 m a12

N

OTICE OF QUALIFICA-TION of AndreaNY7,

LLC Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/11/21. Officelocation: NY County. LLCformed in Delaware (DE)on 02/09/21. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to c/o Corpo-ration Service Co. (CSC), 80State St., Albany, NY12207-2543. DE addr. ofLLC: CSC, 251 Little FallsDr., Wilmington, DE 19808.Cert. of Form. filed withSecy. of State, Div. ofCorps., John G. TownsendBldg., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516632 m8 m a12

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OTICE OF QUALIFICA-TION of Jacimam, LLC.

Authority filed with NYSecy of State (SSNY) on 3/8/21. Office location: NewYork County. LLC formedin Delaware (DE) on 2/14/12. SSNY is designatedas agent of LLC upon whomprocess against it maybeserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis NATIONAL REGIS-TERED AGENTS, INC., 28Liberty St, NY, NY 10005.Purpose: any lawful activi-ty.0000519668 m22-M a26

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The Annual return ofMorris & Marcy TbeileFamily Foundation Inc Forthe fiscal year ended No-vember 30, 2020 is availa-ble at its principal officelocated at 1934 East 15thSt, Brooklyn, NY 11229 forinspection during regularbusiness hours by any citi-zen who requests it within180 days hereof. PrincipalManager of the Foundationis Morris Tbeile.0000523784 a12

THE ANNUAL RETURNOF THE GEORGE E. ANDKATHLEEN E. AUSTINFOUNDATION. For thecalendar year ended De-cember 31, 2020 is availa-ble at its principal officelocated at C/O George E.Austin, 29 Boulder Trail,Bronxville, NY 10708 forinspection during regularbusiness hours by any citi-zen who requests it within180 days hereof. PrincipalManager of the Foundationis George E. Austin. 0000517938 a12

THE ANNUAL RETURNOF Malkin Fund, Inc forthe calendar year endedDecember 31, 2019 is avail-able at its principal officelocated at One GrandCentral Place, Suite 850,New York, NY 10165 for in-spection during regularbusiness hours by any citi-zen who requests it within180 days hereof. PrincipalManager of the Foundationis Peter L. Malkin0000498790 a12

THE ANNUAL RETURNOF THE KRIS AND KA-THY HEINZELMANFOUNDATION. For theCalendar year ended De-cember 31, 2020 is availa-ble at its principal officelocated at c/o Cravath, 825Eighth Avenue, New YorkNY 10019 for inspectionduring regular businesshours by any citizen whorequests it within 180 dayshereof. Principal Managerof the Foundation is KrisF. Heinzelman, Esq.0000523816 a12

THE ANNUAL RETURNOF SAUL AND JANICELINZER FOUNDATIONfor the Fiscal year ended11/30/2020 is available at itsprincipal office located atC/O WASSER 39 BROAD-WAY, NY NY 10006 for in-spection during regularbusiness hours by any citi-zen who requests it within180 days hereof. PrincipalManager of the Foundationis JANICE LINZER.0000523802 a12

OTICE is given serial#1334806 for beer, liq-

uor & wine on premises,has been applied for by theundersigned to sell onpremises liquor at a retailin a restaurant under Alco-holic Beverage ControlLaw @ 169 ST Kng GrillRestaurant, 855 E. 169th St.Bx, NY 10459or on prem-ises consumption0000524048 a12-M a19

N

OTICE IS HEREBY giv-en that a license has

been applied for by MPQ1535 Third Avenue LLC tosell beer and wine at retailin a restaurant under theAlcoholic Beverage Con-trol Law at 1535 3rd Aveaka 200 E 87th St,NewYork, NY 10028 for on-premises consumption.0000524043 a12-M a19

N

OTICE IS HEREBY giv-en that a license has

been applied for by MPQ2161 Broadway LLC to sellbeer and wine at retail in arestaurant under the Alco-holic Beverage ControlLaw at 2161 Broadway,New York, NY 10024for on-premises consumption.0000523851 a12-M a19

N

OTICE IS HEREBY giv-en that an on-premise li-

cense, #TBA has been ap-plied for by Tower 4Liberty Market LLC d/b/aGansevoort Liberty Marketto sell beer, wine, ciderand liquor at retail in anon premises establishment.For on premises consump-tion under the ABC law at185 Greenwich Street, LL2465 New York NY 10007.0000522755 a5-M a12

N

OTICE IS HEREBY giv-en that an on-premise li-

cense, #TBA has been ap-plied for by Two PerrysLLC d/b/a Two Perrys tosell beer, wine, cider andliquor at retail in an onpremises establishment.For on premises consump-tion under the ABC law at127 Avenue C New YorkNY 10009.0000522753 a5-M a12

N

OTICE IS HEREBY giv-en that an On premise

license, #1208453 is re-moved from 1345 Avenue ofthe Americas, 18th FL NewYork NY 10105 and movedto 1290 Avenue of theAmericas, 33rd FL By Com-pass Group USA, Inc to sellbeer, wine, cider and liq-uor at retail in an on prem-ises establishment for onpremises consumption un-der the ABC law.0000522717 a5-M a12

N

OTICE OF QUALIFICA-TION of Maia Manage-

ment, LLC. The fictitiousbusiness name is: MAIAMANAGEMENT HOLD-INGS, LLC. Authority filedwith NY Secy of State(SSNY) on 3/11/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 2/7/20. SSNY is des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 595Madison Ave, Fl. 8, NY, NY10022. DE address of LLC:1209 Orange St, Wilming-ton, DE 19801. Cert. of For-mation filed with DE Secyof State, 401 Federal St. Ste4, Dover, DE 19901. Pur-pose: any lawful activity.0000519670 m22-M a26

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OTICE OF QUALIFICA-TION of BROOKFIELD

REAL ESTATE FINANCEFUND VI GP OF GP LLCAppl. for Auth. filed withSecy. of State of NY (SSNY)on 03/09/21. Office location:NY County. LLC formed inDelaware (DE) on 08/31/20.Princ. office of LLC: Brook-field Place, 250 Vesey St.,15th Fl., NY, NY 10281-1023. SSNY designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to CorporationService Co., 80 State St., Al-bany, NY 12207-2543. DEaddr. of LLC: 251 LittleFalls Dr., Wilmington, DE19808. Cert. of Form. filedwith DE Secy. of State, 401Federal St., Dover, DE19901. Purpose: Any lawfulactivity.0000519380 m22 m a26

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OTICE OF QUALIFICA-TION of ND Growth In-

vestors II, L.P. Authorityfiled with Secy. of State ofNY (SSNY) on 03/11/21. Of-fice location: NY County.LP formed in Delaware(DE) on 03/08/21. SSNY des-ignated as agent of LPupon whom process againstit may be served. SSNYshall mail process to: 9Great Jones St. Fl. 4, NY,NY 10012. Address to bemaintained in DE: Corpo-ration Trust Center, 1209Orange St., Wilmington, DE19801. Name/address ofgenl. ptr. available fromSSNY. Cert. of LP filedwith DE Secy. of State, 401Federal St., Ste. 3, Dover,DE 19901. Purpose: anylawful activities.0000521530 m29-M my3

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OTICE OF QUALIFICA-TION of Ikanos Capital

Partners L.P. Authorityfiled with NY Secy of State(SSNY) on 3/18/21. Office lo-cation: New York County.LP formed in Delaware(DE) on 3/4/21. SSNY is des-ignated as agent of LPupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LP: 1209Orange St, Wilmington, DE19801. List of names andaddresses of all generalpartners available fromSSNY. Cert. of LimitedPartnership filed with DESecy of State, 401 FederalSt, Ste 4, Dover, DE 19901.The name and address ofthe Reg. Agent is C T Cor-poration System, 28 LibertySt, NY, NY 10005. Purpose:any lawful activity.0000521514 m29-M my3

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OTICE OF QUALIFICA-TION of EP DFF L.P.

Authority filed with NYSecy of State (SSNY) on 3/17/21. Office location: NewYork County. LP formed inDelaware (DE) on 11/30/20.SSNY is designated asagent of LP upon whomprocess against it may beserved. SSNY shall mailprocess to: 375 Park Ave,NY, NY 10152. DE addressof LP: 1209 Orange St, Wil-mington, DE 19801. List ofnames and addresses of allgeneral partners availablefrom SSNY. Cert. of Limit-ed Partnership filed withDE Secy of State, 401Federal St, Ste 4, Dover,DE 19901. Purpose: anylawful activity.0000521507 m29-M my3

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OTICE OF QUALIFICA-TION of EP MFF L.P.

Authority filed with NYSecy of State (SSNY) on 3/16/21. Office location: NewYork County. LP formed inDelaware (DE) on 11/18/20.SSNY is designated asagent of LP upon whomprocess against it may beserved. SSNY shall mailprocess to: 375 Park Ave,NY, NY 10152. DE addressof LP: 1209 Orange St, Wil-mington, DE 19801. List ofnames and addresses of allgeneral partners availablefrom SSNY. Cert. of Limit-ed Partnership filed withDE Secy of State, 401Federal St, Ste 4, Dover,DE 19901. Purpose: anylawful activity.0000521505 m29-M my3

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OTICE OF QUALIFICA-TION of Baringa Part-

ners LP. Authority filedwith NY Secy of State(SSNY) on 3/5/21. Office lo-cation: New York County.LP formed in Delaware(DE) on 6/2/15. SSNY is des-ignated as agent of LPuponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005. DE ad-dress of LP: 1209 Orange St,Wilmington, DE 19801. Listof names and addresses ofall general partners availa-ble from SSNY. Cert. ofLimited Partnership filedwith DE Secy of State, 401Federal St, Ste 4, Dover,DE 19901. Purpose: anylawful activity.0000519656 m22-M a26

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OTICE OF QUALIFICA-TION of BROOKFIELD

REAL ESTATE FINANCEFUND VI, L.P. Appl. forAuth. filed with Secy. ofState of NY (SSNY) on 03/09/21. Office location: NYCounty. LP formed inDelaware (DE) on 08/31/20.Princ. office of LP: Brook-field Place, 250 Vesey St.,15th Fl., NY, NY 10281-1023. Duration of LP is Per-petual. SSNY designatedas agent of LP upon whomprocess against it may beserved. SSNY shall mailprocess to CorporationService Co., 80 State St., Al-bany, NY 12207-2543. Nameand addr. of each generalpartner are available fromSSNY. DE addr. of LP: 251Little Falls Dr., Wilming-ton, DE 19808. Cert. of LPfiled with DE Secy. ofState, 401 Federal St.,Dover, DE 19901. Purpose:Any lawful activity.0000519377 m22 m a26

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Sacks, Singer & TurnbullLLP, filed a Cert. of Regis-tration with the Dept. ofState of NY on 3/2/2021.The location of the princi-pal office is NY County.The Secretary of the Stateof NY ("SSNY") has beendesignated as agent of theLLP upon whom processagainst it may be servedand shall mail a copy ofany such process to: c/oThe DeIorio Law GroupPLLC, 800 WestchesterAve, Ste S-608, Rye Brook,NY 10573. Purpose: Law.0000521240 m29-M my3

OTICE OF QUALIFICA-TION of BROOKFIELD

REAL ESTATE FINANCEFUND VI GP, L.P. Appl. forAuth. filed with Secy. ofState of NY (SSNY) on 03/09/21. Office location: NYCounty. LP formed inDelaware (DE) on 08/31/20.Princ. office of LP: Brook-field Place, 250 Vesey St.,15th Fl., NY, NY 10281-1023. Duration of LP is Per-petual. SSNY designatedas agent of LP upon whomprocess against it may beserved. SSNY shall mailprocess to CorporationService Co., 80 State St., Al-bany, NY 12207-2543. Nameand addr. of each generalpartner are available fromSSNY. DE addr. of LP: 251Little Falls Dr., Wilming-ton, DE 19808. Cert. of LPfiled with DE Secy. ofState, 401 Federal St.,Dover, DE 19901. Purpose:Any lawful activity.0000519370 m22 m a26

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ETEORA CAPITALPARTNERS, LP. Arti-

cles of Org. filed NY Sec. ofState (SSNY) 2/23/21. Officein NY Co. SSNY design.Agent of LP upon whomprocess may be served.SSNY shall mail copy ofprocess to the LP. 250 West55th ST STE 30A New York,NY 10019. Purpose: Anylawful activity.0000519161 M22 M A26

M

OTICE OF QUALIFICA-TION of Holthouse Car-

lin & Van Trigt LLP. Au-thority filed with NY Secyof State (SSNY) on 3/15/21.Office location: New YorkCounty. LLP formed inCalifornia (CA) on 1/18/96.SSNY is designated asagent of LLC upon whomprocess againstit may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. Address ofthe principal office: 140 W.23rd St, Apt 4D, NY, NY100011. The name and ad-dress of the Reg. Agent isCT Corporation System, 28Liberty St, NY, NY 10005.Cert. of Registration filedwith CA Secy of State, 150011th St, Sacramento, CA95814. Purpose: Public Ac-counting. 0000521511 m29-M my3

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FFR Media LLC. Filed 1/7/21. Office: NY Co. SSNYdesig. as agent for process& shall mail to: c/o Fran-cesco Florimonte Rizzo,315 E. 5th St, #6a, NY, NY10003. Purpose: General.0000519708 m22-M a26

OTICE OF QUALIFICA-T IO N of METAVASI

CAPITAL LP Appl. forAuth. filed with Secy. ofState of NY (SSNY) on 02/01/21. Office location: NYCounty. LP formed inDelaware (DE) on 03/31/20.Princ. office of LP: 1890Palmer Ave., Larchmont,NY 10538. Duration of LP isPerpetual. SSNY designat-ed as agent of LP uponwhom process against itmay be served. SSNY shallmail process to the Part-nership at the princ. officeof the LP. Name and addr.of each general partner areavailable from SSNY. DEaddr. of LP: c/o Corpora-tion Service Co., 251 LittleFalls Dr., Wilmington, DE19808. Cert. of LP filed withSecy. of State of DE, Div. ofCorps., 401 Federal St., Ste.4, Dover, DE 19901. Pur-pose: Any lawful activity.0000516689 m8 m a12

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OTICE OF QUALIFICA-TION of SNOWHOOK

CAPITAL MANAGEMENTLP Appl. for Auth. filedwith Secy. of State of NY(SSNY) on 02/19/21. Officelocation: NY County. LPformed in Delaware (DE)on 08/04/20. Duration of LPis Perpetual. SSNY desig-nated as agent of LP uponwhom process against itmay be served. SSNY shallmail process to the Part-nership, 1251 Ave. of theAmericas, NY, NY 10020.Name and addr. of eachgeneral partner are availa-ble from SSNY. DE addr. ofLP: c/o Corporation ServiceCo., 251 Little Falls Dr.,Wilmington, DE 19808.Cert. of LP filed with DESecy. of State, John G.Townsend Bldg., 401Federal St., Ste. #4, Dover,DE 19901. Purpose: Anylawful activity.0000516654 m8 m a12

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147 E. Merrick Road, LLC,Arts of Org. filed with Sec.of State of NY (SSNY) 3/22/2021. Cty: New York.SSNY desig. as agent uponwhom process against maybe served & shall mailprocess to 20 W. 47th St.,#301, New York, NY 10036.General Purpose0000521137 m29-M my3

171 North First Street LLCAuthority filed SSNY 2/20/20 Office: NY Co LLCformed DE 2/11/20 exists874 Walker Rd Ste C Dover,DE 19904. SSNY designagent upon whom processagainst the LLC may beserved & mail to 420Lexington Ave Ste 2250New York, NY 10170 Cert ofRegis Filed DE SOS 401Federal St #4 Dover DE19901 General Purpose.0000521090 m29 m m3

110 W 88, LLC, Arts of Org.filed with Sec. of State ofNY (SSNY) 2/22/2021. Cty:New York. SSNY desig. asagent upon whom processagainst may be served &shall mail process to C/OMichael Strauss, Esq., 4507th Ave., Ste. 1304, NewYork, NY 10123. GeneralPurpose0000519797 m22-M a26

101 DAVIS LLC. Arts. ofOrg. filed with the SSNY on02/22/21. Office: NassauCounty. SSNY designatedas agent of the LLC uponwhom process against itmay be served. SSNY shallmail copy of process to theLLC, 101 Davis Avenue,Locust Valley, NY 11560.Purpose: Any lawful pur-pose.0000518729 m15-M a19

2713 COLD SPRING LLC,Arts. of Org. filed with theSSNY on 03/23/2021. Officeloc: Nassau County. SSNYhas been designated asagent upon whom processagainst the LLC may beserved. SSNY shall mailprocess to: The LLC, 4435Austin Blvd, Island Park,NY 11558. Purpose: AnyLawful Purpose. 0000521251 m29-M my3

205 WEST 230TH OWNERLLC, Art. of Org. filed NYDOS 3/22/21, NY Co. S/S C/OProcure NY LLC 433 5thAve, 3rd Fl, NY, NY 10016.To engage in any lawful actor activity.Managed by 1 ormore Managers. Perpetualexistence. Full indemnifi-cation.0000521147 m29-M my3

246 Lark Company LLC.Filed 1/12/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:62 Rivington St Apt 6a, NY,NY 10002. RegisteredAgent: United States Cor-poration Agents, Inc., 701413th Ave Ste 202, Bklyn, NY11228. Purpose: General.0000519720 m22-M a26

250 W. 90th Street LLCfiled Arts. of Org. with theSect’y of State of NY(SSNY) on 1/15/2021. Office:NY County. SSNY has beendesignated as agent of theLLC upon whom processagainst it may be servedand shall mail process to:The LLC, 250 W 90th St, PH1B, NY, NY 10024. Purpose:any lawful act.0000517348 m8-M a12

OTICE OF FORMA-TION of ARTEMIS ES-

TATE LLC Arts. of Org.filed with Secy. of State ofNY (SSNY) on 02/26/21. Of-fice location: NY County.Princ. office of LLC: 90Morton St., Unit 5B, NY,NY 10014. SSNY designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to Corpora-tion Service Co., 80 StateSt., Albany, NY 12207-2543.Purpose: Any lawful activi-ty.0000519375 m22 m a26

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346 GV LLC. Filed 10/27/20.Office: Bronx Co. SSNYdesig. as agent for process& shall mail to: 25 RobertPitt Dr Ste 204, Monsey, NY10952. Purpose: General.0000519687 m22-M a26

3092 LAWRENCE LLC.Arts. of Org. filed with theSSNY on 02/10/21. Office:Nassau County. SSNY des-ignated as agent of the LLCupon whom process againstit may be served. SSNYshall mail copy of processto the LLC, 3521 WoodwardAvenue, Wantagh, NY11793. Purpose: Any lawfulpurpose.0000518730 m15-M a19

4138 BROADWAY RETAILOWNER LLC, Art. of Org.filed NY DOS 3/22/21, BXCo. S/S C/O Procure NYLLC 433 5th Ave, 3rd Fl,NY, NY 10016. To engage inany lawful act or activity.Managed by 1 or more Man-agers. Perpetual existence.Full indemnification.0000521146 m29-M my3

51 E HALLEY LLC, Arts. ofOrg. filed with the SSNY on04/08/2021. Office loc: Nas-sau County. SSNY has beendesignated as agent uponwhom process against theLLC may be served. SSNYshall mail process to:Dennis Kelly, 101Tennessee Avenue, LongBeach, NY 11561. Purpose:Any Lawful Purpose. 0000524037 a12-M my17

59 Ventures LLC. Filed 12/7/20. Office: NY Co. SSNYdesig. as agent for process& shall mail to: KevinDenberg, 254 E 68th St Apt.3b, NY, NY 10065. Purpose:General.0000519726 m22-M a26

548 E 183 BH, LLC Articlesof Org. filed NY Sec. ofState (SSNY) 3/11/21. Officein Nassau Co. SSNY de-sign. Agent of LLC uponwhom process may beserved. SSNY shall mailcopy of process to Inter-state Agent Services LLC301 Mill Rd Ste U5 Hewlett,NY 11557. Purpose: Anylawful activity.0000519164 M22 M A26

548 EAST 183 HOLDINGSLLC Articles of Org. filedNY Sec. of State (SSNY) 3/11/21. Office in Nassau Co.SSNY design. Agent of LLCupon whom process may beserved. SSNY shall mailcopy of process to Inter-state Agent Services LLC301 Mill Rd Ste U5 Hewlett,NY 11557. Purpose: Anylawful activity.0000519163 M22 M A26

614-618 MELROSE LLC Ar-ticles of Org. filed NY Sec.of State (SSNY) 2/8/21. Of-fice in Bronx Co. SSNYdesig. agent of LLC whomprocess may be served.SSNY shall mail process toGary C. Hisiger, Esq.,Moritt Hock & HamroffLLP, 400 Garden City Pla-za, Ste. 202, Garden City,NY 11530. Purpose: Anylawful purpose. 0000517375 m8-M a12

829 Greenwich Street, LLC,Arts of Org. filed with Sec.of State of NY (SSNY) 2/2/2021. Cty: New York.SSNY desig. as agent uponwhom process against maybe served & shall mailprocess to Deborah Assal,Tanton Grubman CPAS,780 3rd Ave., 9th Fl., Ste902, New York, NY 10017.General Purpose0000519918 m22-M a26

ALL ADULT BRIEF LLC,Arts. of Org. filed with theSSNY on 03/26/2021. Officeloc: Nassau County. SSNYhas been designated asagent upon whom processagainst the LLC may beserved. SSNY shall mailprocess to: The LLC, 64Gibson Blvd., Suite 4B,Valley Stream, NY 11581.Purpose: Any Lawful Pur-pose. 0000522802 a5-M my10

Ace Benson LLC Arts ofOrg. filed SSNY 2/12/21, NYCo. SSNY design agent forprocess & shall mail to OneNorth Broadway Fl 12White Plains, NY 10601General Purpose0000521088 m29 m m3

LLERTON CARPET &FLOORING LLC Art. Of

Org. Filed Sec. of State ofNY 3/5/2021. Off. Loc. :Bronx Co. SSNY designat-ed as agent upon whomprocess against it may beserved. SSNY to mail copyof process to The LLC, 2014Williamsbridge Road,Bronx, NY 10461. Purpose:Any lawful act or activity.0000520159 m22 m a26

A

APEXPROMO LLC. Filed 3/5/21. Office: NY Co. SSNYdesig. as agent for process& shall mail to: 350 W 42ndSt Ste 48a, NY, NY 10036.Purpose: General.0000519712 m22-M a26

All Zen LLC. Filed 2/22/21.Office: NY Co. SSNY desig.as agent for process & shallmail to: 1235 First Ave Apt18, NY, NY 10065. Purpose:General.0000519711 m22-M a26

Annelise007 LLC. Filed 11/5/20. Office: NY Co. SSNYdesig. as agent for process& shall mail to: 150 E 72ndSt 9n, NY, NY 10021. Regis-tered Agent: United StatesCorporation Agents, Inc.,7014 13th Ave Ste 202,Bklyn, NY 11228. Purpose:General.0000519701 m22-M a26

ANNATM FITNESS LLCArticles of Org. filed NYSec. of State (SSNY) 3/3/2021. Office in Westches-ter Co. SSNY desig. agentof LLC whom process maybe served. SSNY shallmail process to 5 MayfairRd., Elmsford, NY 10523,which is also the principalbusiness location. Pur-pose: Any lawful purpose. 0000517404 m8-M a12

BLUFF RD 88 LLC, Arts. ofOrg. filed with the SSNY on04/01/2021. Office loc: Nas-sau County. SSNY has beendesignated as agent uponwhom process against theLLC may be served. SSNYshall mail process to: SethLeist, 178 Brookville Rd,Glen Head, NY 11545. Pur-pose: Any Lawful Purpose. 0000522808 a5-M my10

BLUFF RD 96 LLC, Arts. ofOrg. filed with the SSNY on04/01/2021. Office loc: Nas-sau County. SSNY has beendesignated as agent uponwhom process against theLLC may be served. SSNYshall mail process to: SethLeist, 178 Brookville Rd,Glen Head, NY 11545. Pur-pose: Any Lawful Purpose. 0000522805 a5-M my10

onita Qoz, LLC Arts ofOrg. filed SSNY 12/17/19,

Bronx Co. SSNY designagent for process & shallmail to 450 Zerega Ave.Bronx, New York, 10473General Purpose0000521093 m29 m m3

B

BUZZ’D EXPRESS COFFEEOF BELLMORE LLC. Arts.of Org. filed with the SSNYon 03/16/21. Office: NassauCounty. SSNY designatedas agent of the LLC uponwhom process against itmay be served. SSNY shallmail copy of process to theLLC, 105 Adam Road,Massapequa, NY 11758.Purpose: Any lawful pur-pose.0000521225 m29-m my3

Big Ranch Trucking LLC.Filed 2/17/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:9748 95 St 2fl, Ozone Park,NY 11416. Registered Agent:Nyscorporation.com, 1971Western Ave, #1121, Albany,NY 12203. Purpose: General.0000519736 m22-M a26

Bonbonwhims LLC. Filed 2/9/21. Office: NY Co. SSNYdesig. as agent for process& shall mail to: 421 HudsonSt Apt 519, NY, NY 10014.Registered Agent: UnitedStates Corporation Agents,Inc., 7014 13th Ave Ste 202,Bklyn, NY 11228. Purpose:General.0000519731 m22-M a26

Big Hill, LLC. Filed 12/22/20. Office: NY Co. SSNYdesig. as agent for process& shall mail to: c/o JamesO’brien, 100 Ave A, Ste 4c,NY, NY 10009. Purpose:General.0000519707 m22-m a26

Blue Urbane LLC. Filed 1/4/21. Office: NY Co. SSNYdesig. as agent for process& shall mail to: c/o EmilyBlumen, 70 Park Ter West,Apt. E53, NY, NY 10034.Purpose: General.0000519697 m22-M a26

Blackseaspell, LLC. Filed 11/19/20. Office: NY Co.SSNY desig. as agent forprocess & shall mail to: 80Nassau St 2c, NY, NY10038. Purpose: General.0000519693 m22-M a26

Blaquex Nail Art, LLC.Filed 2/11/21. Office: BronxCo. SSNY desig. as agentfor process & shall mail to:Sakile Broomes, 460 EFordham Rd #2037, Bronx,NY 10458. Purpose: Gener-al.0000519683 m22-M a26

RING IT HOME REALESTATE MEDIA LLC

Articles of Org. filed NYSec. of State (SSNY) 2/25/21. Office in NY Co.SSNY design. Agent of LLCupon whom process may beserved. SSNY shall mailcopy of process to the LLC1261 Central Ave # 703AFar Rockaway, NY 11691.Purpose: Any lawful activi-ty.0000516693 m8 m a12

B

BOOTH 60 CAPITAL, LLC.Arts. of Org. filed with theSSNY on 12/08/20. Office:Nassau County. SSNY des-ignated as agent of the LLCupon whom process againstit may be served. SSNYshall mail copy of processto the LLC, 149 HaroldRoad, Woodmere, NY11598. Purpose: Any lawfulpurpose.0000516345 m8-M a12

CONNOLLY BOXINGMANAGEMENT LLC, Arts.of Org. filed with the SSNYon 04/08/2021. Office loc:Nassau County. SSNY hasbeen designated as agentupon whom process againstthe LLC may be served.SSNY shall mail processto: Keith Connolly, 323Harbor Drive, Lido Beach,NY 11561. Purpose: AnyLawful Purpose.0000524041 a12-M my17

COACHED BY JACKIELLC, Arts. of Org. filed withthe SSNY on 02/17/2021. Of-fice loc: Westchester Coun-ty. SSNY has been desig-nated as agent upon whomprocess against the LLCmay be served. SSNY shallmail process to: JackieGoldberg, 6 Harvest Drive,Scarsdale, NY 10583. Pur-pose: Any Lawful Purpose.0000523862 a12-M my17

OSMIC BEAUTY ANDWELLNESS LLC Art. Of

Org. Filed Sec. of State ofNY 12/9/2020. Off. Loc. :Nassau Co. SSNY designat-ed as agent upon whomprocess may be served &shall mail proc.: c/o ErinSloan, 48 Prospect Ave.,2FL, Glen Cove, NY 11542.Purpose: Any lawful pur-pose.0000523844 a12 f m17

C

OBALT 37 LLC, Arts. ofOrg. filed with the

SSNY on 03/18/2021. Officeloc: Nassau County. SSNYhas been designated asagent upon whom processagainst the LLC may beserved. SSNY shall mailprocess to: JamesRuggiero, 155 Walnut Lane,Manhasset, NY 11030-1600.Purpose: Any Lawful Pur-pose. 0000521244 m29-M my3

C

Cats At Night LLC. Filed 2/10/21. Office: NY Co. SSNYdesig. as agent for process& shall mail to: 800 3rd Ave5th Fl, NY, NY 10022. Pur-pose: General.0000519700 m22-m a26

Cats Roundtable LLC.Filed 2/10/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:800 3rd Ave 5th Fl, NY, NY10022. Purpose: General.0000519691 m22-M a26

EBASER DIGITAL,LLC Art. Of Org. Filed

Sec. of State of NY 12/24/2020. Off. Loc. : NassauCo. SSNY designated asagent upon whom processmay be served & shall mailproc.: c/o Tyler Kealy, 706Prospect Place, Bellmore,NY 11710. Purpose: Anylawful purpose.0000523986 a12 m m17

D

DBM 625 MAIN STREETLLC, Arts. of Org. filed withthe SSNY on 04/02/2021. Of-fice loc: Nassau County.SSNY has been designatedas agent upon whom proc-ess against the LLC may beserved. SSNY shall mailprocess to: Weltz KakosGerbi Wolinetz VolynskyLLP, Attn: Thomas ScotWolinetz, 170 Old CountryRd., Ste 310, Mineola, NY11501. Purpose: Any LawfulPurpose. 0000523805 a12-M my17

DALEDAVID LLC, Arts. ofOrg. filed with the SSNY on02/10/2021. Office loc: Nas-sau County. SSNY has beendesignated as agent uponwhom process against theLLC may be served. SSNYshall mail process to: DaleSolomon, 324 S Brook SideAve, Freeport, NY 11520.Purpose: Any Lawful Pur-pose. 0000521486 m29-M my3

ENALI DESIGN LLC,Arts. of Org. filed with

the SSNY on 03/23/2021. Of-fice loc: Nassau County.SSNY has been designatedas agent upon whom proc-ess against the LLC may beserved. SSNY shall mailprocess to: The LLC, 200Sunrise Highway Ste 3A,Rockville Centre, NY11570. Purpose: Any LawfulPurpose. 0000521249 m29-M my3

D

Dun-Rite Specialized Car-riers, LLC Arts of Org. filedSSNY 11/2/00, Bronx Co.SSNY design agent forprocess & shall mail to1561 Southern BoulevardBronx, New York, 10460General Purpose0000521094 m29 m m3

DRB Opportunity HoldingsLLC. Filed: 11/13/20 . Of-fice: NY Co. Org. inDelaware: 10/13/20. SSNYdesig. as agent for process& shall mail to : DavidByer, 345 E 94th St, Apt 3f,NY, NY 10128. Foreignadd: 251 Little Falls Dr,Wilmington, DE 19808.Arts. of Org. filed with DeSecy Of State Div Of CorpJohn G. Townsend Bldg,401 Federal St Ste 4, Dover,DE 19901. Purpose: Gener-al.0000519705 m22-M a26

Eight International LLC .Filed: 1/11/21 . Office: NYCo. Org. in DELAWARE:December 14, 2010. SSNYdesig. as agent for process& shall mail to : 28 LibertySt, NY, NY 10005. Foreignadd: 312 Clayton Manor Dr,Middletown,, DE 19709.Arts. of Org. filed withJeffrey W. Bullock, 401Federal St , Ste 4, Dover,DE 19901. Purpose: Gener-al.0000519696 m22-M a26

Empiria Fragrances LLC.Filed 11/18/20. Office:Bronx Co. SSNY desig. asagent for process & shallmail to: 2070 Grand Con-course, Bronx, NY 10457.Registered Agent: UnitedStates Corporation Agents,Inc., 7014 13th Ave Ste 202,Bklyn, NY 11228. Purpose:General.0000519681 m22-M a26

FISH FRY FRIDAYS LLC,Arts. of Org. filed with theSSNY on 01/13/2021. Officeloc: Nassau County. SSNYhas been designated asagent upon whom processagainst the LLC may beserved. SSNY shall mailprocess to: Michael Bar-nett, 21 Lent Avenue,Hempstead, NY 11550. RegAgent: Michael Barnett, 21Lent Avenue, Hempstead,NY 11550. Purpose: AnyLawful Purpose. 0000523804 a12-M my17

orever Music Entertain-ment LLC. Arts. of Org.

filed with the SSNY on 01/04/21. Office: Nassau Coun-ty. SSNY designated asagent of the LLC uponwhom process against itmay be served. SSNY shallmail copy of process to theLLC, c/o Lexee Shapiro,2038 Ridge Road,Muttontown, NY 11791.Purpose: Any lawful pur-pose.0000521220 m29-M my3

F

Fast Tax And AccountingSolutions LLC. Filed 11/16/20. Office: NY Co. SSNYdesig. as agent for process& shall mail to: Clara DelVillar Lopez, 71 BroadwayApt 3e, NY, NY 10006. Pur-pose: General.0000519725 m22-M a26

Forbiddendonuts L.L.C..Filed 1/25/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:8 Spruce St 23t, NY, NY10038. Registered Agent:United States CorporationAgents, Inc., 7014 13th AveSte 202, Bklyn, NY 11228.Purpose: General.0000519710 m22-M a26

Flamingo Island, LLC.Filed 2/12/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:690 Riverside Dr Apt 2d,NY, NY 10031. Purpose:General.0000519694 m22-M a26

G & E Walton DevelopersLLC, Arts of Org. filed withSec. of State of NY (SSNY)8/20/2018. Cty: Bronx. SSNYdesig. as agent upon whomprocess against may beserved & shall mail proc-ess to 1866 Union Rd., 2ndFl., Bronx, NY 10462. Gen-eral Purpose0000521371 m29-M my3

G&G Premium Goods LLC.Filed 1/12/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:Julie Denis, 37 Wall St Apt24b, NY, NY 10005. Pur-pose: General.0000519719 m22-M a26

Griffon Ventures 346 LLC.Filed 2/16/21. Office: BronxCo. SSNY desig. as agentfor process & shall mail to:25 Robert Pitt Dr Ste 204,Monsey, NY 10952. Pur-pose: General.0000519685 m22-M a26

GSTAR FASHION BOU-TIQUE LLC Articles of Org.filed NY Sec. of State(SSNY) 3/3/2021. Office inNassau Co. SSNY desig.agent of LLC whom processmay be served. SSNY shallmail process to 168 NassauAve., Freeport, NY 11520,which is also the principalbusiness location. Purpose:Any lawful purpose. 0000517373 m8-M a12

HG Studio LLC, Arts ofOrg. filed with Sec. of Stateof NY (SSNY) 3/25/2021.Cty: New York. SSNYdesig. as agent upon whomprocess against may beserved & shall mail proc-ess to Ariel Agai, 1 PennPlaza, #6139, New York, NY10119. General Purpose0000522813 a5-M my10

Happy Times PropertiesLLC, Arts of Org. filed withSec. of State of NY (SSNY)3/22/2021. Cty: New York.SSNY desig. as agent uponwhom process against maybe served & shall mailprocess to MikaelSoderlindh, 1 Penn Plaza,#6139, New York, NY 10119.General Purpose0000522709 a5-M my10

HUGO L. THEODORE,LLC, Arts. of Org. filed withthe SSNY on 03/25/2021. Of-fice loc: Nassau County.SSNY has been designatedas agent upon whom proc-ess against the LLC may beserved. SSNY shall mailprocess to: Taras Lipatov,321 Lincoln Avenue,Rockville Centre, NY11570. Purpose: Any LawfulPurpose.0000521485 m29-M my3

Heart Frame LLC. Filed 12/14/20. Office: NY Co. SSNYdesig. as agent for process& shall mail to: ClaraMartin Roman, 500e 84thApt 2r, NY, NY 10028. Pur-pose: General.0000519699 m22-m a26

CITATIONS NY FOUNDATIONS

LIQUOR LICENSES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

LIMITED LIABILITYENTITIES

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NYLJ.COM

14 I MONDAY, APRIL 12, 2021

Page 15: New BONDS Click Listen E · 2020. 10. 19. · Preferred Home Care of New York Inc., EDNY. CIVIL PROCEDURE: Denial of bank-ruptcy trustee’s recovery of $200,000 security under FRCP

HESTON SERVICES LLCfiled Arts. of Org. with theSect’y of State of NY(SSNY) on 3/8/2021. Office:NY County. SSNY has beendesignated as agent of theLLC upon whom processagainst it may be servedand shall mail process to: c/o Albanese & AlbaneseLLP, 1050 Franklin Ave,Ste 500, Garden City, NY11530. Purpose: any lawfulact.0000521306 m29-M my3

ouse Of VA LLC Arts ofOrg. filed SSNY 2/17/21,

NY Co. SSNY design agentfor process & shall mail toVictor Abarca 459Columbus Ave Unit #1401New York, NY 10024 Gener-al Purpose0000521084 m29 m m3

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OOKEDONKIM LLCArt. Of Org. Filed Sec.

of State of NY 1/4/21. Off.Loc. : Bronx. SSNY desig-nated as agent upon whomprocess may be served &shall mail proc.: c/o Kim-berly R. Goodley, 3458 Fen-ton Avenue, 2A, Bronx, NY10469. Purpose: Any lawfulpurpose.0000520141 M22 M A26

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I Put My Foot In It LLC.Filed 3/1/21. Office: NY Co.SSNY desig. as agent forprocess & shall mail to:Melanie White, 405 E. 105thSt #13c, NY, NY 10029. Pur-pose: General.0000519734 m22-M a26

Industrious Lee, LLC.Filed 2/24/21. Office: NYCo. SSNY desig. as agentfor process & shall mail to:c/o Jonathan B Lee, 151 1stAve #169, NY, NY 10003.Purpose: General.0000519728 m22-M a26

IGART LLC. Filed 1/20/21.Office: NY Co. SSNY desig.as agent for process & shallmail to: c/o Goldfine &Company Cpa Pc, 40 Ex-change Pl Ste 1602, NY, NY10005. Purpose: General.0000519727 m22-M a26

I.FIT PART DUEX LLC.Arts. of Org. filed with theSSNY on 12/09/20. Office:Nassau County. SSNY des-ignated as agent of the LLCupon whom process againstit may be served. SSNYshall mail copy of processto the LLC, 298 MontroseRoad, Westbury, NY 11590.Purpose: Any lawful pur-pose.0000518728 m15-M a19

Jacob & CO Ventures LLC,App of Auth. filed with Sec.of State of NY (SSNY) 2/5/2021. Cty: New York.SSNY desig. as agent uponwhom process against maybe served & shall mailprocess to 48 E. 57th St.,New York, NY 10022. Gen-eral Purpose.0000521389 m29-M my3

Jacob & CO IP HoldingsLLC, Arts of Org. filed withSec. of State of NY (SSNY)3/9/2021. Cty: New York.SSNY desig. as agent uponwhom process against maybe served & shall mailprocess to 48 E 57th St.,New York, NY 10022. Gen-eral Purpose0000521374 m29-M my3

KALAITZIDIS EQUITIESLLC. Arts. of Org. filed withthe SSNY on 03/22/21. Of-fice: Nassau County. SSNYdesignated as agent of theLLC upon whom processagainst it may be served.SSNY shall mail copy ofprocess to the LLC, c/o Tri-ades & Triades, LLP, 214-0539th Avenue, Bayside, NY11361. Purpose: Any lawfulpurpose.0000522139 a5-M my10

King Two ConsultancyLLC. Filed 11/5/20. Office:NY Co. SSNY desig. asagent for process & shallmail to: 500 W 56th St Apt1507, NY, NY 10019. Regis-tered Agent: United StatesCorporation Agents, Inc.,7014 13th Ave, Ste 202,Bklyn, NY 11228. Purpose:General.0000519722 m22-M a26

LIQUORLAND NY, LLCArticles of Org. filed NYSec. of State (SSNY) 3/30/2021. Office in Westches-ter Co. SSNY desig. agentof LLC whom process maybe served. SSNY shallmail process to 33 Fort HillAve., Yonkers, NY 10710.Purpose: Any lawful pur-pose. 0000523811 a12-M my17

LESLIE D. CORWIN PLLC,a Prof. LLC. Arts. of Org.filed with the SSNY on 03/31/2021. Office loc: West-chester County. SSNY hasbeen designated as agentupon whom process againstit may be served. SSNYshall mail process to: Le-slie D. Corwin, 328 PineBrook Road, Bedford, NY10506. Purpose: To PracticeThe Profession Of Law. 0000522810 a5-M my10

Law Office Of GregorySheindlin, PLLC. Filed 1/23/14. Office: NY Co. SSNYdesig. as agent for process& shall mail to: 1745 Broad-way 17th Fl, NY, NY 10019.Purpose: Law.0000519723 m22-M a26

MK & SONS REALTY LLC.Arts. of Org. filed with theSSNY on 03/30/21. Office:Nassau County. SSNY des-ignated as agent of the LLCupon whom process againstit may be served. SSNYshall mail copy of processto the LLC, 91-95 SouthMain Street, Freeport, NY11520. Purpose: Any lawfulpurpose.0000524054 a12-M my17

MAJJN HOLDINGS LLCArt. Of Org. Filed Sec. ofState of NY 12/29/2020. Off.Loc. : Nassau Co. SSNYdesignated as agent uponwhom process may beserved & shall mail proc.:1000 Woodbury Road, Suite404, Woodbury, NY 11797.Purpose: Any lawful pur-pose.0000520137 M22 M A26

M&M WEALTH MANAGE-MENT LLC Art. Of Org.Filed Sec. of State of NY 1/28/2021. Off. Loc. : NassauCo. SSNY designated asagent upon whom processmay be served & shall mailproc.: 1000 WoodburyRoad, Suite 404, Woodbury,NY 11797. Purpose: Anylawful purpose.0000520135 M22 M A26

ETEORA CAPITAL GP,LLC Articles of Org.

filed NY Sec. of State(SSNY) 2/23/21. Office inNY Co. SSNY design.Agent of LLC upon whomprocess may be served.SSNY shall mail copy ofprocess to the LLC 250West 55th ST STE 30A NewYork, NY 10019. Purpose:Any lawful activity.0000519825 m22 m a26

M

Murphy Business SalesLLC. Filed 2/12/21. Office:NY Co. SSNY desig. asagent for process & shallmail to: 7e 17th St., Apt 4,NY, NY 10003. RegisteredAgent: United States Cor-poration Agents, Inc., 701413th Ave, Ste 202, Bklyn,NY 11228. Purpose: Gener-al.0000519733 m22-M a26

MOONSHOT VENTURESLLC. Filed 3/8/21. Office:NY Co. SSNY desig. asagent for process & shallmail to: 175 W 13th St Apt20a, NY, NY 10011. Pur-pose: General.0000519717 m22-m a26

MC212 LLC. Filed 8/19/20.Office: NY Co. SSNY desig.as agent for process & shallmail to: 151 First Ave. #7,NY, NY 10003. RegisteredAgent: James P. O’day, 70Glen St Ste 270, Glen Cove,NY 11542. Purpose: Gener-al.

Metropolis Film GroupLLC. Filed 11/18/20. Office:NY Co. SSNY desig. asagent for process & shallmail to: c/o Raul Torres,149 East. 23rd St. #1544,NY, NY 10010. Purpose:General.0000519704 m22-M a26

Madingo Warriors LLC.Filed 12/21/20. Office:Bronx Co. SSNY desig. asagent for process & shallmail to: 1314 Merriam AveApt5b, Bronx, NY 10452.Registered Agent: UnitedStates Corporation Agents,Inc., 7014 13th Ave, Ste 202,Bklyn, NY 11228. Purpose:General.0000519690 m22-M a26

MOONCLOUDS MEDIALLC Articles of Org. filedNY Sec. of State (SSNY) 3/5/21. Office in NY Co. SSNYdesign. Agent of LLC uponwhom process may beserved. SSNY shall mailcopy of process to the LLC1560 Broadway Ste 1100New York, NY 10036. Pur-pose: Any lawful activity.0000519166 M22 M A26

MISTER E FOODS LLC Ar-ticles of Org. filed NY Sec.of State (SSNY) 3/10/21. Of-fice in Nassau Co. SSNYdesign. Agent of LLC uponwhom process may beserved. SSNY shall mailcopy of process to the LLC357 Plymouth St WestHempstead, NY 11552. Pur-pose: Any lawful activity.0000519162 M22 M A26

METEORA CAPITAL, LLCArticles of Org. filed NYSec. of State (SSNY) 2/23/21. Office in NY Co.SSNY design. Agent of LLCupon whom process may beserved. SSNY shall mailcopy of process to the LLC250 West 55th ST STE 30ANY, NY 10019. Purpose:Any lawful activity.

OTICE OF FORMA-TION of PhysiSens LLC.

Arts of Org filed with Secy.of State of NY (SSNY) on 3/30/21. Office location: Nas-sau County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 3 HewlettRd, Greenvale, NY 11548.Purpose: any lawful act.0000523574 A12 M M17

N

OTICE OF FORMA-TION of 555 GREEN-

WICH GROUP LLC. Arts ofOrg filed with Secy. ofState of NY (SSNY) on 4/7/21. Office location: Nas-sau County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 16Ligthhouse Rd, KingsPoint, NY 11024. Purpose:any lawful act.0000523961 A12 M M17

N

OTICE OF FORMA-TION of Kohzi Suites

LLC. Arts of Org filed withSecy. of State of NY (SSNY)on 12/29/2020. Office loca-tion: BX County. SSNY des-ignated agent upon whomprocess may be served andshall mail copy of processagainst LLC to 519 TintonAvenue, Bronx NY 10455.Purpose: any lawful act.0000523474 a12 m m17

N

OTICE OF FORMA-TION of AOK Zoomcar

LLC. Arts of Org filed withSecy. of State of NY (SSNY)on 3/31/21. Office location:NY County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 888C 8thAve, Ste 536, New York, NY10019. Purpose: any lawfulact.0000523793 A12 M M17

N

OTICE OF FORMA-TION of JokoVisuals,

LLC. Arts of Org filed withSecy. of State of NY (SSNY)on 3/8/21. Office location:Nassau County. SSNY des-ignated as agent uponwhom process may beserved and shall mail copyof process against LLC to119 Washington Ave, ValleyStream, NY 11580. Purpose:any lawful act.0000523569 A12 M M17

N

OTICE OF FORMA-TION of STRAIGHT

TALK NO BS LLC. Arts ofOrg filed with Secy. ofState of NY (SSNY) on 3/16/21. Office location: Nas-sau County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to PO Box 462,Bethpage, NY 11714. Pur-pose: any lawful act.0000522279 a12 m m17

N

OTICE OF FORMA-TION of ICONIC RE

LLC. Arts of Org filed withSecy. of State of NY (SSNY)on 4/6/21. Office location:Nassau County. SSNY des-ignated as agent uponwhom process may beserved and shall mail copyof process against LLC to115 Hempstead Ave,Rockville Centre, NY11570. Purpose: any lawfulact.0000523803 A12 M M17

N

OTICE OF FORMA-TION of VIRJAS LLC.

Arts of Org filed with Secy.of State of NY (SSNY) on 2/26/21. Office location: Nas-sau County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 159 W MarieSt, Hicksville, NY 11801.Purpose: any lawful act.0000523516 A12 M M17

N

OTICE OF FORMA-TION of OGL HOLD-

INGS, LLC. Arts. of Org.filed with SSNY on 4/6/21.Office location: New YorkSSNY desg. as agent of LLCupon whom process againstit may be served. SSNYmail process to C/O Contes-sa Health Management 49Music Square West, Ste.401 Nashville, TN, 37203.Any lawful purpose.0000523836 a12 m m17

N

OTICE OF FORMA-TION of Mama Bear Me-

dia Group LLC. Arts of Orgfiled with Secy. of State ofNY (SSNY) on 10/21/19. Of-fice location: NY County.SSNY designated as agentupon whom process may beserved and shall mail copyof process against LLC to375 W 127th St, #41, NY, NY10027. R/A: US CorpAgents, Inc. 7014 13th Ave,#202, BK, NY 11228. Pur-pose: any lawful act.0000522562 A05 M M10

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OTICE OF FORMA-TION of JJW Capital

Partners LLC. Arts of Orgfiled with Secy. of State ofNY (SSNY) on 12/1/20. Of-fice location: Nassau Coun-ty. SSNY designated asagent upon whom processmay be served and shallmail copy of processagainst LLC to 139 CentreSt, Ste 304, NY, NY 10013.Princ. bus. addr: 36 Hitch-ing Post Ln, Glen Cove, NY11542. Purpose: any lawfulact.0000522293 A05 M M10

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OTICE OF FORMA-TION of Beth N.

Terranova PT PLLC. Artsof Org filed with Secy. ofState of NY (SSNY) on 2/25/21. Office location: BXCounty. SSNY designatedas agent upon whom proc-ess may be served andshall mail copy of processagainst P LLC to 5800Arlington Ave, Apt 18A,Bronx, NY 10471. Purpose:any lawful act.0000522232 A05 M M10

N

OTICE OF FORMA-TION of PURE WINE

NYC LLC. Arts of Org filedwith Secy. of State of NY(SSNY) on 3/29/21. Office lo-cation: NY County. SSNYdesignated as agent uponwhom process may beserved and shall mail copyof process against LLC to355 S End Ave, Apt 25K,New York, NY 10280. Pur-pose: any lawful act.0000522553 A05 M M10

N

OTICE OF FORMA-TION of MMLLL, LLC.

Arts of Org filed with Secy.of State of NY (SSNY) on 3/8/21. Office location: NYCounty. SSNY designatedas agent upon whom proc-ess may be served andshall mail copy of processagainst LLC to 330 West58th St, Ste 414, New York,NY 10019. Purpose: anylawful act.0000522563 A05 M M10

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OTICE OF FORMA-TION of

RoxiiebyRoxiie LLC. Artsof Org filed with Secy. ofState of NY (SSNY) on 3/4/21. Office location: BXCounty. SSNY designatedas agent upon whom proc-ess may be served andshall mail copy of processagainst LLC to 2375Southern Blvd, 16B, Bronx,NY 10460. Purpose: anylawful act.0000520750 A05 M M10

N

OTICE OF FORMA-TION of Destiny Book-

ings, LLC. Arts of Org filedwith Secy. of State of NY(SSNY) on 3/16/21. Office lo-cation: Nassau County.SSNY designated as agentupon whom process may beserved and shall mail copyof process against LLC to1316 Taft Ave, Merrick, NY11566. Purpose: any lawfulact.0000522559 A05 M M10

N

OTICE OF FORMA-TION of Theresa

Morelli LLC. Arts of Orgfiled with Secy. of State ofNY (SSNY) on 12/1/20. Of-fice location: NY County.SSNY designated as agentupon whom process may beserved and shall mail copyof process against LLC to600 Washington St, #719,NY, NY 10014. R/A: USCorp Agents, Inc. 7014 13thAve, #202, BK, NY 11228.Purpose: any lawful act.0000521760 A05 M M10

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OTICE OF FORMA-TION of Janank LLC.

Arts of Org. filed with NewYork Secy of State (SSNY)on 3/23/21. Office location:New York County. SSNY isdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail processto: 100 W.58th St, Unit 4B, NY, NY10019. Purpose: any lawfulactivity. 0000522751 a5-M my10

N

OTICE OF FORMA-TION of Enhance Out-

door LLC. Arts of Org. filedwith New York Secy ofState (SSNY) on 3/22/21. Of-fice location: New YorkCounty. SSNY is designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmailprocess to: POB 1434,NY, NY 10018. Purpose:any lawful activity. 0000522750 a5-M my10

N

OTICE OF FORMA-T I O N of BBER LLC.

Arts of Org. filed with Secy.of State of N.Y. (SSNY) on 3/23/2021. Office location:Nassau County. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 18Spruce St., Great Neck, NY11021. Purpose: any lawfulactivity.0000522474 a5 m m10

N

OTICE OF FORMA-TION of Independent

Student Living LLC II. Artsof Org filed with Secy. ofState of NY (SSNY) on 2/1/21. Office location: Nas-sau County. SSNY desig-nated as agent upon whomprocess may be served andshall mail copy of processagainst LLC to 1023Fenwood Dr, #3, ValleyStream, NY 11580. Purpose:any lawful act.0000522265 A05 M M10

N

OTICE OF FORMA-TION of Sleek Fashion

Uniforms LLC. Arts of Orgfiled with Secy. of State ofNY (SSNY) on 2/24/21. Of-fice location: Nassau Coun-ty. SSNY designated asagent upon whom processmay be served and shallmail copy of processagainst LLC to 101Weberfield Ave, Freeport,NY 11520. Purpose: anylawful act.0000522165 A05 M M10

N

OTICE OF FORMA-T I O N of Otto CSG 1

LLC. Arts. of Org. filed withNY Dept. of State on 9/9/20.Office location: NY County.Sec. of State designatedagent of LLC upon whomprocess against it may beserved and shall mail proc-ess to: c/o Dimension Ener-gy LLC, Rafael Dobrzynski,3280 Peachtree Rd NE, 7thFl., Atlanta, GA 30305,principal business address.Purpose: any lawful activi-ty.0000522477 a5 m m10

N

OTICE OF FORMA-TION of REALLIFE

AMP LLC, DBA RealLifeClothing. Arts of Org filedwith Secy. of State of NY(SSNY) on 5/6/20. Office lo-cation: NY County. SSNYdesignated as agent uponwhom process may beserved and shall mail copyof process against LLC to R/A: Legalcorp Solutions,LLC, 11 Broadway, Ste 615,NY, NY 10004. Purpose: anylawful act.0000521014 M29 M M03

N

OTICE OF FORMA-TION of Tidal Breath &

Movement LLC. Arts of Orgfiled with Secy. of State ofNY (SSNY) on 12/15/20. Of-fice location: Nassau Coun-ty. SSNY designated asagent upon whom processmay be served and shallmail copy of processagainst LLC to 612 WWalnut St, Long Beach, NY11561. Purpose: any lawfulact.0000518868 M29 M M03

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OTICE OF FORMA-TION of Innovations

and Beyond LLC. Arts ofOrg filed with Secy. ofState of NY (SSNY) on 12/14/20. Office location: NYCounty. SSNY designatedas agent upon whom proc-ess may be served andshall mail copy of processagainst LLC to PO Box110628, Brooklyn, NY11211. Purpose: any lawfulact.0000521409 M29 M M03

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OTICE OF QUALIFICA-TION of Impax Labora-

tories, LLC. Authority filedwith NY Secy of State(SSNY) on 3/18/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 3/23/95. SSNY isdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521639 m29-M my3

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OTICE OF QUALIFICA-T I O N of Hitemco

Medical Applications, LLC.Authority filed with Secy.of State of NY (SSNY) on 03/05/21. Office location: Nas-sau County. LLC formed inMichigan (MI) on 03/25/1991. SSNY designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 160 SweetHollow Rd., Old Bethpage,NY 11804. Address to bemaintained in MI: 40600Ann Arbor Rd. E., Ste. 201,Plymouth, MI 48170. Artsof Org. filed with the Direc-tor of Corporations, Securi-ties & Commercial Licens-ing Bureau, Ottawa Bldg.,611 W. Ottawa, P.O. Box30004, Lansing, MI 48909.Purpose: any lawful activi-ties.0000521552 m29-M my3

N

OTICE OF FORMA-T IO N of E’LAH EN-

TERPRISES, LLC. Arts. ofOrg. filed with Secy. ofState of NY (SSNY) on 03/09/21. Office location: Nas-sau County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 1490 FrontSt., East Meadow, NY11554. Purpose: any lawfulactivities.0000521550 m29-M my3

N

OTICE OF FORMA-TION of 1743 Middle

Road LLC. Arts. of Org.filed with Secy. of State ofNY (SSNY) on 03/05/21. Of-fice location: Nassau Coun-ty. SSNY designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: c/o Meltzer,Lippe, Goldstein &Breitstone, LLP, 190 WillisAve., Mineola, NY 11501,Attn: Gary Meltzer. Pur-pose: any lawful activities.0000521547 m29-M my3

N

OTICE OF FORMA-T I O N of Slapstrike

LLC. Arts. of Org. filed withSecy. of State of NY (SSNY)on 03/09/21. Office location:Nassau County. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 40Forest Dr., PortWashington, NY 11050.Purpose: any lawful activi-ties.0000521544 m29-M my3

N

OTICE OF FORMA-TION of Flor Royale

LLC. Arts. of Org. filed withSecy. of State of NY (SSNY)on 03/10/21. Office location:NY County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 923 5thAve 4C, NY, NY 10021.Purpose: any lawful activi-ties.0000521541 my29-M my3

N

OTICE OF FORMA-TION of Dynasty Films

LLC. Arts. of Org. filed withSecy. of State of NY (SSNY)on 03/11/21. Office location:NY County. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: DynastyFilms LLC, 26 Broadway,Ste. 1301, NY, NY 10004.Purpose: any lawful activi-ties.0000521539 m29-M my3

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OTICE OF QUALIFICA-TION of Upper90 Part-

ners SPV GP II, LLC. Au-thority filed with Secy. ofState of NY (SSNY) on 03/11/21. Office location: NYCounty. LLC formed inDelaware (DE) on 10/23/19.SSNY designated as agentof LLC upon whom processagainst it may be served.SSNY shall mail processto: 114 W 26th St., 5th Fl.,NY, NY 10001. Address tobe maintained in DE: 251Little Falls Dr., Wilming-ton, DE 19808. Arts of Org.filed with the Secy. ofState, 401 Federal St. Ste 4Dover DE 19901. Purpose:any lawful activities.0000521537 my29-M my3

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OTICE OF FORMA-TION of Luckiest Girl

Alive LLC. Arts. of Org.filed with Secy. of State ofNY (SSNY) on 03/11/21. Of-fice location: NY County.SSNY designated as agentof LLC upon whom processagainst it may be served.SSNY shall mail processto: 10866 Wilshire Blvd.,Ste 1100, Los Angeles, CA90024. Purpose: any lawfulactivities.0000521528 m29-M my3

N

OTICE OF QUALIFICA-TION of Skydance Ani-

mation East, LLC. Authori-ty filed with Secy. of Stateof NY (SSNY) on 03/11/21.Office location: NY County.LLC formed in Connecticut(CT) on 03/09/21. SSNY des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: c/oJesse Sisgold, SkydanceMedia, 2900 Olympic Blvd.,Santa Monica, CA 90404,also the principal officeaddress. Arts of Org. filedwith the Secy. of State, 165Capitol Ave., Hartford, CT06106. Purpose: any lawfulactivities.0000521534 m29-M my3

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OTICE OF QUALIFICA-TION of RPE Produc-

tions LLC. Authority filedwith Secy. of State of NY(SSNY) on 03/08/21. Officelocation: NY County. LLCformed in Delaware (DE)on 11/04/19. SSNY desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: c/oNational RegisteredAgents, Inc., 28 Liberty St.,NY, NY 10005, also theregistered agent uponwhom process may beserved. Address to bemaintained in DE: 1209Orange St., Wilmington, DE19801. Arts of Org. filedwith the DE Secy. of State,401 Federal St., Ste. 4,Dover, DE 19901. Purpose:any lawful activities.0000521532 m29-M my3

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OTICE OF QUALIFICA-TION of Twain Finan-

cial Partners Holding LLC.Authority filed with NYSecy of State (SSNY) on 3/16/21. Office location: NewYork County. LLC formedin Missouri(MO) on 1/8/13.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. MO addressof LLC: 2200 WashingtonAve, St. Louis, MO 63103.Cert. of Formation filedwith MO Secy of State, 2200Washington Ave, St. Louis,MO 63110. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521527 m29-M my3

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OTICE OF FORMA-TION OF LIMITED LIA-

BILITY COMPANY.NAME: AFRO-ED, LLC. Ar-ticles of Organization werefiled with the Secretary ofState of New York (SSNY)on (1st of October 2020). Of-fice location: Bronx Coun-ty. SSNY has been desig-nated as agent of the LLCupon whom process againstit may be served. SSNYshall mail a copy of proc-ess to the LLC, (RegisteredAgents, Inc., 90 State St,Suite 700, Office 40 Albany,NY 12207). Purpose: Forany lawful purpose.0000521107 m29 m m3

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OTICE OF QUALIFICA-TION of TABACK SOL-

EDAD PROPERTIES TWO,LLC. Authority filed withNY Secy of State (SSNY) on2/26/21. Office location:New York County. LLCformed in California(CA)on 7/15/11. SSNY is desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005 CA ad-dress of LLC: 18988 Sole-dad Cyn Rd, Santa Clarita,CA 91351. Cert. of Forma-tion filed with CA SecyofState, 1500 11th St, Sacra-mento, CA 95814. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521526 m29-M my3

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OTICE OF QUALIFICA-TION of SCS Capital

Management LLC. Authori-ty filed with NY Secy ofState (SSNY) on 3/12/21. Of-fice location: New YorkCounty. LLC formed inDelaware (DE) on 9/3/02.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 N. 0 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521524 m29-M my3

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OTICE OF FORMA-T I O N of RSS

WFCM2018-C44 - NY LOD,LLC. Arts of Org. filed withNY Secy of State (SSNY) on3/11/21. Office location:New York County. SSNY isdesignated as agent of LLCupon whom processagainstit may be served.SSNY shall mail processto: 28 Liberty St, NY, NY10005. The name and ad-dress of the Reg. Agent is CT Corporation System, 28Liberty St, NY, NY 10005.Purpose: any lawful activi-ty.0000521522 m29-M my3

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OTICE OF QUALIFICA-TION of Queens Plaza

North New York, LLC. Au-thority filed with NY Secyof State (SSNY) on 3/17/21.Office location: New YorkCounty. LLC formed inDelaware (DE) on 3/8/21.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521521 m29-M my3

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OTICE OF QUALIFICA-T I O N of IGS USB V,

LLC. Authority filed withNY Secy of State (SSNY) on3/10/21. Office location:New York County. LLCformed in Delaware (DE)on 3/3/21. SSNY is designat-ed as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005. DE ad-dress of LLC: 1209 OrangeSt, Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521513 m29-M my3

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OTICE OF QUALIFICA-TION of Oshkosh Air-

port Products, LLC. Au-thority filed with NY Secyof State (SSNY) on 3/5/21.Office location: New YorkCounty. LLC formed inWisconsin (WI) on 9/5/14.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. WI addressof LLC: 1515 Country Rd O,Neenah, WI 54957. Cert. ofFormation filed with WISecy of State, 345 W.Washington Ave, Fl. 3,Madison, WI 53707. Thename and address of theReg. Agent is C T Corpora-tion System, 28 Liberty St,NY, NY 10005. Purpose:any lawful activity.0000521520 m29-M my3

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OTICE OF QUALIFICA-T I O N of Oshkosh

Commercial Products, LLC.Authority filed with NYSecy of State (SSNY) on 3/5/21. Office location: NewYork County. LLC formedin Wisconsin (WI) on 9/5/14.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. WI addressof LLC: 2307 Oregon St,Oshkosh, WI 54902. Cert. ofFormation filed with WISecy of State, 345 W.Washington Ave, Fl. 3,Madison, WI 53707. Thename and address of theReg. Agent is C T Corpora-tion System, 28 Liberty St,NY, NY 10005. Purpose:any lawful activity.0000521519 m29-M my3

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OTICE OF QUALIFICA-TION of MP Multifamily

Member LLC. Authorityfiled with NY Secy of State(SSNY) on 3/17/21. Office lo-cation: New York County.LLCformed in Delaware(DE) on 3/10/21. SSNY isdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. Purpose:any lawful activity.0000521518 m29-M my3

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OTICE OF QUALIFICA-T I O N of Legend Ad-

vance Funding II, LLC. Au-thority filed with NY Secyof State (SSNY) on 3/5/21.Office location: New YorkCounty. LLC formed inDelaware (DE) on 2/5/21.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 40 SE 5th St,#400, Boca Raton, FL 33432.DE address of LLC: 1313 N.Market St, Ste 5100, Wil-mington, DE 19801. Cert. ofFormation filed with DESecy of State, 401 FederalSt. Ste 4, Dover, DE 19901.Purpose: any lawful activi-ty.0000521517 m29-M my3

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OTICE OF QUALIFICA-TION of KAPLAN

NORTH AMERICA, LLC.Authority filed with NYSecy of State (SSNY) on 3/16/21. Office location: NewYork County. LLC formedin Delaware (DE) on 10/19/98. SSNY is designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. Purpose: anylawful activity.0000521516 m29-M my3

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OTICE OF QUALIFICA-TION of INCEPTION

FERTILITY CORPORATESERVICES, LLC. Authorityfiled with NY Secy of State(SSNY) on 2/8/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 9/16/19. SSNYisdesignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521515 m29-M my3

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NOTICE OF QUALIFICA-TION of JUSJORXPRESSLLC. Authority filed withSecy. of State of NY (SSNY)on 9/23/20. Office loc: NYCounty. LLC formed in NJon 7/30/20. SSNY designat-ed agent upon whom proc-ess may be served &mailed to: 1967 Wehrle Dr.#1-086, Buffalo NY 14221.Principal business ad-dress: 1510 Union CountyPkwy, Union NJ 07083.Cert. of Form. filed withState Treasurer, Div. ofRev., 125 W State St, Tren-ton, NJ 08608. Purpose: Anylawful activity.0000519170 m29 m m3

OTICE OF QUALIFICA-T I O N of FOUND IT

LLC. Authority filed withNY Secy of State (SSNY) on12/15/20. Office location:New York County. LLCformed in Delaware (DE)on 10/26/20. SSNY is desig-nated as agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005. DE ad-dress of LLC: 1209 OrangeSt, Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St, Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521510 m29-M my3

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OTICE OF QUALIFICA-T I O N of Fiji Water

Company LLC. Authorityfiled with NY Secy of State(SSNY) on 3/18/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 9/7/04. SSNY is des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy ofState, 401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521508 m29-M my3

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OTICE OF QUALIFICA-TION of COMM 2015-

CR24 Union Turnpike,LLC. Authority filed withNY Secy of State (SSNY) on3/4/21. Office location: Nas-sau County. LLC formed inDelaware (DE) on 2/1/21.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521504 m29-M my3

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OTICE OF QUALIFICA-T I O N of CAPL JKM

Wholesale LLC. Authorityfiled with NY Secy of State(SSNY) on 3/11/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 3/2/21. SSNY is des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy ofState, 401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521503 m29-M my3

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OTICE OF QUALIFICA-TION of BLUE CIRCLE

FOODS LLC. Authorityfiled with NY Secy of State(SSNY) on 3/10/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 2/7/20. SSNY is des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. The nameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521502 m29-M my3

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OTICE OF QUALIFICA-TION of B-Cam Produc-

tions LLC. Authority filedwith NY Secy of State(SSNY) on 3/5/21. Office lo-cation: New York County.LLC formed in Delaware(DE) on 12/11/19. SSNY isdesignated as agentof LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.DE address of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. Then ameand address of the Reg.Agent is C T CorporationSystem, 28 Liberty St, NY,NY 10005. Purpose: anylawful activity.0000521501 m29-M my3

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OTICE OF QUALIFICA-TION of Ayane LLC. Au-

thority filed with NY Secyof State (SSNY) on 2/19/21.Office location: New YorkCounty. LLC formed inDelaware (DE) on 1/29/21.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 500 E. 63rd St,Rm 5K, NY, NY 10065. DEaddress of LLC: 1209Orange St, Wilmington, DE19801. Cert. of Formationfiled with DE Secy of State,401 Federal St. Ste 4,Dover, DE 19901. Purpose:any lawfulactivity.0000521500 m29-M my3

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OTICE OF QUALIFICA-TION of Abacus Derma-

tology Management, LLC.Authority filed with NYSecy of State (SSNY) on 3/17/21. Office location: NewYork County. LLC formedin Delaware (DE) on 8/24/20. SSNY is designate-das agent of LLC uponwhom process against itmay be served. SSNY shallmail process to: 28 LibertySt, NY, NY 10005. DE ad-dress of LLC: 1209 OrangeSt, Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521497 m29-M my3

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OTICE OF QUALIFICA-T I O N of Churchill

RealCo Holdings LLC. Au-thority filed with NY Secyof State (SSNY) on 3/10/21.Office location: NassauCounty. LLC formed inDelaware (DE) on 3/1/21.SSNY is designated asagent of LLC upon whomprocess against it may beserved. SSNY shall mailprocess to: 28 Liberty St,NY, NY 10005. DE addressof LLC: 1209 Orange St,Wilmington, DE 19801.Cert. of Formation filedwith DE Secy of State, 401Federal St. Ste 4, Dover,DE 19901. The name andaddress of the Reg. Agentis C T Corporation System,28 Liberty St, NY, NY10005. Purpose: any lawfulactivity.0000521495 m29-M my3

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OTICE OF QUALIFICA-T I O N of Aprio Risk

Management, LLC. Author-ity filed with NY Secy ofState (SSNY) on 3/5/21. Of-fice location: Bronx Coun-ty. LLC formed in Georgia(GA) on 7/6/00. SSNY is des-ignated as agent of LLCupon whom process againstit may be served. SSNYshall mail process to: 28Liberty St, NY, NY 10005.GA address of LLC: 5 Con-course Pkwy, Ste 1000, At-lanta, GA 30328. Cert. ofFormation filed with GASecy of State, 214 StateCapitol SW, Atlanta, GA30334. The name and ad-dress of the Reg. Agent is CT Corporation System, 28Liberty St, NY, NY 10005.Purpose: any lawful activi-ty.0000521492 m29-M my3

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OTICE OF FORMA-TION of Newburgh SHG

Investors 2 LLC, Art. ofOrg. filed with Sec’y ofState (SSNY) on 8/3/20. Cty:Nassau. SSNY designatedas agent of LLC upon whomprocess against it may beserved. SSNY shall mailcopy of process to 11Middle Neck Rd., Ste. 400,Great Neck, NY 11021. Pur-pose: any lawful activity.0000520386 m29 m m3

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