affirmation of michael burger in support of defendant's motion to ...

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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In The Matter of the Application
LANDMARK WEST!, ARLENE SIMON, SUE MELLINS
and SOPHIA deBOER,
- against-
MANHATTAN BOROUGH BOARD,
of
Plaintiffs,
ORDER TO SHOW
CAUSE
Inde}( No. 116913/04
Assigned Judge:
IAS Part:
Defendant.
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Upon reading and filing the anne}(ed affidavit of Barbara Baer, sworn to
December 21, 2004, and the exhibits anne}(ed thereto; the affirmation of Michael Burger, dated
December 22,2004, and the e}(hibits annexed thereto; and the annexed memorandum oflaw, it is
hereby:
ORDERED that plaintiffs or their attorneys show cause at the IAS Part of the
Supreme Court of the State of New York, County of New York, located at the New York County
Courthouse, 60 Centre Street, New York, New York 10007, Room __ , on the 6th day of
January, 2005 at 9:30 a.m. or as soon thereafter as counsel may be heard, why an order should
not be made: (1) pursuant to C.P.L.R. § 3211(a) dismissing the action on the grounds that a
defense is founded upon documentary evidence and plaintiffs have failed to state a cause of
action, and (2) granting such other relief as the Court deems just and proper; and it is further
ORDERED that sufficient cause appearing therefore, let service of a copy of this
order, together with the papers submitted in support thereof, upon David Rosenberg, Esq., at
Marcus Rosenberg & Diamond LLP, 488 Madison Avenue, New York, NY 10022, attorney for