Pensionsversicherungsanstalt v. Estate of Eisinger

Full title: PENSIONSVERSICHERUNGSANSTALT Plaintiff, v. THE ESTATE OF ROSE EISINGER…

Court: United States District Court, E.D. New York

Date published: Sep 18, 2009

Case No. CV-07-5300 (FB) (RLM) (E.D.N.Y. Sep. 18, 2009)

Opinion

Case No. CV-07-5300 (FB) (RLM).

September 18, 2009

For the Plaintiff: STEPHEN MICHAEL HARNICK, ESQ., Harnik Finkelstein, New York, NY.

For the Defendant Sonja Rosenbaum: LEWIS R. SILVERMAN, ESQ., Rutherford Christie, LLP, New York, NY.

For the Defendant Gladys Robinson: LUCIA TULLY CHAPMAN, ESQ., Law Office of Henry Putzel, III, New York, NY.

For the Defendant Phillip L. Greenblatt: THOMAS JOSEPH MORTATI, ESQ., Burke, Scolamiero, Mortati Hurd, LLP, Albany, NY.

MEMORANDUM AND ORDER

FREDERIC BLOCK, District Judge

On September 18, 2009, the Court held oral argument on plaintiff Pensionsversicherungsanstalt's objections to Magistrate Judge Mann's Memorandum and Order (the "M O") dated March 11, 2009, as amended on May 12, 2009.

For the reasons stated at oral argument, the Court declines to modify or set aside the magistrate judge's decision to quash in part plaintiff's third-party subpoena of Israel Discount Bank of New York; the M O was neither clearly erroneous nor contrary to law. In light of this ruling, Plaintiff agreed on the record to withdraw without prejudice all claims against defendant Gladys Robinson.

Plaintiff is granted 45 days to obtain copies of the fraudulently endorsed checks from Bank Austria. At the close of this period, the plaintiff shall notify the Court if it has obtained the documents; if the Court receives no notification that the documents have been received, all claims against defendant Sonja Rosenbaum will be dismissed with prejudice. Rosenbaum and defendant Greenblatt agreed that they shall not initiate motions for summary judgment, if necessary, until the 45-day period expires; if so, the parties shall abide by the Court's rules and procedures.

SO ORDERED.