SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK COMMERCIAL DIVISION
BELMONT RIDGE BANK NA,
Plaintiff/Counterclaim Defendant,
-against-
TRITON HARBOR INDUSTRIES, LLC, MARCUS J. KAPPEL, and ELAINE D. KAPPEL,
Defendants/Counterclaim Plaintiffs.
Index No. 654871/2024 Hon. Althea Marchetti
NOTICE OF SUBSTITUTION OF COUNSEL FOR PLAINTIFF/COUNTERCLAIM DEFENDANT BELMONT RIDGE BANK NA
PLEASE TAKE NOTICE that pursuant to Section 321(b) of the New York Civil Practice Law and Rules ("CPLR"), the undersigned firm, Calderwood & Harkness LLP, hereby gives notice that it has been retained by and substitutes as attorneys of record for plaintiff/counterclaim defendant Belmont Ridge Bank NA (hereinafter "Plaintiff") in the above-captioned action, in place and stead of the firm of Blakemore & Stern LLP, effective immediately.
PLEASE TAKE FURTHER NOTICE that this substitution of counsel is made with the full knowledge and consent of the client, Belmont Ridge Bank NA, and with the consent of prior counsel, Blakemore & Stern LLP, as evidenced by the consent endorsements set forth below in this Notice. No adjournment of any pending deadline, court appearance, or scheduled proceeding is sought or required by reason of this substitution, and Calderwood & Harkness LLP is fully prepared to proceed in this matter without delay.
This substitution is authorized by CPLR 321(b)(1), which provides that an attorney of record may be changed by filing with the clerk of the court a consent to the change signed by the retiring attorney and a notice of appearance signed by the new attorney. The consent of prior counsel, David Blakemore of Blakemore & Stern LLP, is annexed hereto, and this Notice constitutes the notice of appearance of Calderwood & Harkness LLP as attorneys of record for Plaintiff in this action.
I. IDENTIFICATION OF NEW COUNSEL (INCOMING FIRM)
All future papers, pleadings, motions, correspondence, notices, orders to show cause, subpoenas, and any and all other communications in this action should hereafter be served upon and directed to the following:
Calderwood & Harkness LLP 600 Lexington Avenue, 30th Floor New York, New York 10022
Attorneys of Record Appearing on This Matter:
Linda Osei, Partner (Responsible Attorney) Priya Anand, Partner Carlos Espinoza, Associate Hannah Brinkley, Associate
Telephone: (212) 506-7200 Facsimile: (212) 506-7201
Email: losei@calderwoodharkness.com
Email: panand@calderwoodharkness.com
Email: cespinoza@calderwoodharkness.com
Email: hbrinkley@calderwoodharkness.com
Attorneys for Plaintiff/Counterclaim Defendant Belmont Ridge Bank NA
Calderwood & Harkness LLP respectfully requests that the Clerk of the Court, all parties, and their respective attorneys update their records to reflect this change of counsel and direct all future service and communications to Calderwood & Harkness LLP at the address and contact information set forth above.
II. IDENTIFICATION OF PRIOR COUNSEL (OUTGOING FIRM)
The firm being replaced as attorneys of record for Plaintiff in this action is:
Blakemore & Stern LLP 120 Broadway, Suite 3500 New York, New York 10271
Attorney of Record: David Blakemore, Partner
Telephone: (212) 344-8800 Facsimile: (212) 344-8801
Blakemore & Stern LLP consents to this substitution and to being relieved as counsel of record for Plaintiff/Counterclaim Defendant Belmont Ridge Bank NA in this action, as confirmed by the consent of prior counsel set forth below.
III. CONSENT OF CLIENT
Belmont Ridge Bank NA, the plaintiff/counterclaim defendant in the above-captioned action, hereby confirms that it has consented to the substitution of Calderwood & Harkness LLP as its attorneys of record in this action in place and stead of Blakemore & Stern LLP. This consent has been given freely and voluntarily, and Belmont Ridge Bank NA authorizes the filing of this Notice of Substitution of Counsel with the Court and service upon all parties.
BELMONT RIDGE BANK NA
By: ________
Name: Jonathan R. Pearce
Title: Executive Vice President and General Counsel
Date: ________
IV. CONSENT OF PRIOR COUNSEL
I, David Blakemore, a partner of Blakemore & Stern LLP, attorneys of record for plaintiff/counterclaim defendant Belmont Ridge Bank NA in the above-captioned action, hereby consent to be relieved as counsel of record for the Plaintiff in this action and acknowledge and consent to the substitution of Calderwood & Harkness LLP as attorneys of record for Belmont Ridge Bank NA in place and stead of Blakemore & Stern LLP, effective immediately.
I confirm that, as of the date of this Notice, Blakemore & Stern LLP has no objection to this substitution of counsel. Blakemore & Stern LLP shall cooperate with Calderwood & Harkness LLP in the orderly transfer of the case file, all documents, and all materials related to this action, and shall take all steps reasonably necessary to facilitate a smooth transition of the representation.
BLAKEMORE & STERN LLP
By: ________
Name: David Blakemore
Title: Partner
Date: ________
Blakemore & Stern LLP 120 Broadway, Suite 3500 New York, New York 10271 Telephone: (212) 344-8800
V. SIGNATURE OF NEW COUNSEL
Dated: New York, New York November 12, 2024
CALDERWOOD & HARKNESS LLP
By: ________
Name: Linda Osei
Title: Partner
Calderwood & Harkness LLP 600 Lexington Avenue, 30th Floor New York, New York 10022 Telephone: (212) 506-7200 Facsimile: (212) 506-7201
Email: losei@calderwoodharkness.com
Attorneys for Plaintiff/Counterclaim Defendant Belmont Ridge Bank NA
CERTIFICATE OF SERVICE
I, Carlos Espinoza, an associate at Calderwood & Harkness LLP, attorneys for plaintiff/counterclaim defendant Belmont Ridge Bank NA in the above-captioned action, hereby certify under penalty of perjury that on November 12, 2024, I caused a true and correct copy of the foregoing Notice of Substitution of Counsel for Plaintiff/Counterclaim Defendant Belmont Ridge Bank NA to be served upon the following counsel for defendants/counterclaim plaintiffs:
Kestrel Voss & Huang LLP Attorneys for Defendants/Counterclaim Plaintiffs Triton Harbor Industries, LLC, Marcus J. Kappel, and Elaine D. Kappel
780 Third Avenue, 24th Floor New York, New York 10017
Attention: Theodore "Ted" Huang, Partner
Attention: Natasha Orlov, Senior Associate
Email: thuang@kestrelvosshuang.com
Email: norlov@kestrelvosshuang.com
Service was effectuated by the following methods:
1. Electronic Filing via NYSCEF: The foregoing document was electronically filed with the New York State Courts Electronic Filing System ("NYSCEF") on November 12, 2024, which system automatically transmitted a Notification of Filing to all counsel of record registered to receive electronic notifications in this action, including counsel identified above.
2. Email: A true and correct copy of the foregoing document was transmitted via email to Theodore "Ted" Huang at thuang@kestrelvosshuang.com and to Natasha Orlov at norlov@kestrelvosshuang.com on November 12, 2024.
I certify that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Dated: New York, New York November 12, 2024
________________________________________
Carlos Espinoza Calderwood & Harkness LLP 600 Lexington Avenue, 30th Floor New York, New York 10022 Telephone: (212) 506-7200
Email: cespinoza@calderwoodharkness.com