Abraham v. Leigh et alMOTION for Reconsideration . DocumentS.D.N.Y.June 27, 201845633129;1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBYN ABRAHAM, Plaintiff, -against- ABBY LEIGH in her individual capacity and as Executrix of the ESTATE OF MITCH LEIGH, THE VIOLA FUND, ABBY LEIGH LTD, MARTHA WASSERMAN in her individual capacity and as Executrix of the ESTATE OF DALE WASSERMAN, HELLEN DARION, in her individual capacity as Executrix of the ESTATE OF JOSEPH DARION, and ALAN HONIG, Defendants. Case No. 17-cv-5429 (KPF) NOTICE OF MOTION FOR RECONSIDERATION PLEASE TAKE NOTICE that, pursuant to Local Rule 6.3 of the Southern and Eastern Districts of New York, and upon the accompanying Memorandum of Law, dated June 24, 2018, and all prior pleadings and proceedings in this case, Defendant Martha Wasserman (“Wasserman”), by and through his undersigned counsel, hereby move this Court before the Honorable Katherine Polk Failla, at the United States Courthouse, 40 Foley Square, Courtroom 618, New York, New York, 10007, for an order: (i) granting reconsideration of this Court’s decision date June 14, 2018 and the accompanying Order dated June 14, 2018, which denied Wasserman’s motion, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the Amended Complaint of Plaintiff Robyn Abraham, with respect to Plaintiff’s claim for promissory estoppel against Wasserman; (ii) reversing the Order to the extent it sustained Plaintiff’s claim of promissory estoppel against defendant Wasserman; Case 1:17-cv-05429-KPF Document 67 Filed 06/27/18 Page 1 of 2 2 45633129;1 (iii) dismissing the Amended Complaint against Wasserman, with prejudice; and (iv) granting such other and further relief as this Court may deem just and proper. Dated: New York, New York June 27, 2018 AKERMAN LLP _/s/ Ira S. Sacks __________________________ Ira S. Sacks (ira.sacks@akerman.com) Ross J. Charap (ross.charap@akerman.com) Mark S. Lafayette (mark.lafayette@akerman.com) Jamie B. Shyman (jamie.shyman@akerman.com) Kristen G. Niven (kristen.niven@akerman.com) 666 Fifth Avenue, 20th Floor New York, NY 10103 Tel. (212) 880-3800 Fax (212) 905-6458 Attorneys for Defendant Martha Wasserman Case 1:17-cv-05429-KPF Document 67 Filed 06/27/18 Page 2 of 2
