FILED: NEW YORK COUNTY CLERK 04/15/2015 03:59 PM

NYSCEF DOC. NO. 129

INDEX NO. 652721/2014

RECEIVED NYSCEF: 04/15/2015

WARNING:
YOUR FAILURE TO APPEAR
IN COURT MAY RESULT IN
YOUR IMMEDIATE ARREST
AND IMPRISONMENT FOR
CONTEMPT OF COURT.

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
X
FCRC MODULAR, LLC and FC
Index No: 652721/2014
MODULAR, LLC (formerly known as
FC+SKANSKA MODULAR, LLC)
IAS Part 39
Hon. Judge Saliann Scarpulla
Plaintiffs,
-againstNOTICE OF MOTION FOR CIVIL
CONTEMPT OF COURT

SKANSKA MODULAR LLC and

RICHARD A. KENNEDY,
Defendants.

ORAL ARGUMENT REQUESTED

SKANSKA MODULAR LLC and

RICHARD A. KENNEDY,
Third-Party Plaintiffs
-against
FOREST CITY RATNER COMPANIES,
LLC, FOREST CITY ENTERPRISES, INC.,
JOHN DOES 1-10 AND JANE DOE,
Third-Party Defendants
X
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A Professional Corporation

PLEASE TAKE NOTICE THAT THE PURPOSE OF THIS HEARING IS TO PUNISH

THE ACCUSED, BERLIN ROSEN LTD. AND GREENLAND US HOLDING, INC.,
FOR A CONTEMPT OF COURT, AND THAT SUCH PUNISHMENT MAY CONSIST
OF FINE OR IMPRISONMENT, OR BOTH, ACCORDING TO LAW.

PLEASE TAKE NOTICE that, upon the annexed Affirmation of Peter E. Moran, Esq.,
dated April 15, 2015, together with the exhibits attached thereto, the accompanying
Memorandum of Law, and upon all the pleadings and prior proceedings heretofore had herein,
Defendant/Third-party Plaintiff Skanska Modular LLC ("Skanska Modular") and
Defendant/Third-party Plaintiff Richard A. Kennedy ("Kennedy") (collectively
"Defendants/Third-party Plaintiffs") in the above-captioned matter, will move this Court, at
the Motion Submission Part Room 130 of the Supreme Court of New York, New York
County, located at 60 Centre Street, New York, NY, on May 6, 2015 at 9:30 a.m. in the
forenoon, or as soon thereafter as counsel may be heard, for an Order granting the within
Motion, pursuant to CPLR 2308 (a) and 753 (of Article 19) of the New York Judiciary
Law et seq., to: (a) hold non-parties Berlin Rosen Ltd. ("Berlin Rosen") and Greenland US
Holding, Inc. a/k/a Greenland Group Co., Greenland Company USA, and Greenland US
("Greenland") in civil contempt of court based on their failure to properly respond to a
subpoena duces tecum ("the Subpoenas") duly served upon each of them; (b) require that
Berlin Rosen and Greenland produce forthwith all documents responsive to the Subpoenas at
the New York office of Peckar & Abramson PC; (c) award Defendants/Third-party Plaintiffs
their costs and attorneys' fees reasonably expended in pursuit of Berlin Rosen's and
Greenland's compliance with the Subpoenas, together with a statutory penalty of two hundred
fifty dollars ($250) each against Berlin Rosen and Greenland, and that Berlin Rosen and
Greenland be held jointly and severally liable for payment of Defendants' costs and attorneys'
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Peckar &
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fees incurred, together with such other and further relief the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214, answering

A Professional Corporation

papers, if any, must be served at least seven (7) days before the return date of this motion.

PLEASE TAKE FURTHER NOTICE that oral argument is hereby requested.

DATED:

New York, New York

April 15, 2015

PECKAR & ABRAMSON, P.C.

By:
PETER E. MORAN
41 Madison Avenue, 20th Floor
New York, NY 10010
Telephone: (212) 382-0909
Pmoran@pecklaw.corn
Co-Counsel for Defendant Skanska
Modular LLC and Attorneys for
Richard A. Kennedy
- andSandy K. Feldman, Esq.
Peter N. Flocos, Esq.
K&L GATES LLP
599 Lexington Avenue
New York, New York 10022
Telephone: (212) 536-3900
Co-Counsel for Defendant
Skanska Modular LLC
TO:
Greenland US Holding, Inc.
a/k/a Greenland Group Co., Greenland Company USA,
Greenland US
c/o Corporation Service Company
80 State Street
Albany, New York 12207-2543
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Berlin Rosen Ltd.

15 Maiden Lane
New York, NY 10038

Anthony P. Coles, Esq.

Joe Alonzo, Esq.
DLA Piper LLP
1251 Avenue of the Americas
New York, NY 10020
(212) 335-4500
Attorneys for non-party Greenland US Holding, Inc.
a/k/a Greenland Group Co., Greenland Company USA,
Greenland US

Erin C. Dougherty, Esq.

Montgomery McCracken Walker & Rhoads LLP
437 Madison Avenue, 29th Floor
New York, NY 10022
(212) 867-9500
Attorneys for non-party Berlin Rosen Ltd.

Harold P. Weinberger, Esq.

Natan M. Hamerman, Esq.
Selina M. Ellis, Esq.
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
(212) 715-9100
Attorneys for Plaintiffs/3rd Party Defendants

-#423436v1-

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