Putien New Power Intl. Trade Co., Ltd. v. Esquire Footwear Brands, LLC

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Putien New Power Intl. Trade Co., Ltd. v Esquire Footwear Brands, LLC 2025 NY Slip Op 30184(U) January 15, 2025 Supreme Court, New York County Docket Number: Index No. 157819/2022 Judge: Emily Morales-Minerva Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

[FILED: NEW YORK COUNTY CLERK 01/16/2025 04:40 P~ INDEX NO. 157819/2022 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 01/16/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice ---------------------------------------------------------------------------------X INDEX NO. 157819/2022 PUTIEN NEW POWER INTERNATIONAL TRADE CO., LTD., MOTION DATE 11/06/2024

Plaintiff, MOTION SEQ. NO. 005

- V -

ESQUIRE FOOTWEAR BRANDS, LLC,ISMC SMDA, DECISION+ ORDER ON WH!TE OAK COMMERCIAL FINANCE, LLC MOTION

Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 005) 98, 99 were read on this motion to/for EXTEND - TIME

APPEARANCES:

Bluestone, P.C., New York, New York (M. Zachary Bluestone, Esq., of counsel) for plaintiff.

Goldberg Segalla LLP, New York, New York (Adam S. Katz, Esq. of counsel), for defendants Esquire Footwear Brands, LLC and Isaac Saada.

EMILY MORALES-MINERVA, J.S.C.

In this action for an alleged fraudulent conveyance, PUTIEN

NEW POWER INTERNATIONAL TRADE CO., LTD. (plaintiff) moves, by

notice of motion (sequence no. 005), pursuant to CPLR 2004, for

an order to extend the time to file the note of issue.

Defendants ESQUIRE FOOTWEAR BRANDS, LLC and ISSAC SAADA do not

oppose the motion.

157819/2022 PUTIEN NEW POWER INTERNATIONAL TRADE CO., LTD. vs. ESQUIRE Page 1 of 4 FOOTWEAR BRANDS, LLC ET AL Motion No. 005

[FILED: NEW YORK COUNTY CLERK 01/16/2025 04:40 P~ INDEX NO. 157819/2022 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 01/16/2025

application for extension is made before or after the expiration of the time fixed."

The court has discretion in extending deadlines such as

that for filing note of issue (see Oliver v Town of Hempstead,

68 AD3d 1079, 1080 [2d Dept 2009]. When considering the request

to extend the time to file a note of issue, "the court may

properly consider factors such as the length of the delay,

whether the opposing party has been prejudiced by the delay, the

reason given for the delay and whether the moving party was in

default before seeking the extension" (Grant v City of New York,

17 AD3d 215, 217 [1st Dept 2005] quoting Tewari v Tsoutsouras,

7 5 NY 2 d 1 , 12 [ 19 8 9 ] )

Here, plaintiff's application is timely as it was filed on

the day the note of issue deadline was set to expire (see NYSCEF

Doc. No. 99, Affirmation of M. Zachary Bluestone). Further,

document discovery remains outstanding based, in part, on this

Court's October 3, 2024 decision and order, which ordered

defendants to respond to outstanding discovery requests within

60 days. Given that the current note of issue filing deadline

falls within that 60-day timeframe, the parties are unable to

certify that all discovery is complete. Defendants also do not

assert any prejudice, nor do they oppose the motion. Therefore,

good cause is shown for extending the time to file note of issue

(see 361 Broadway Assoc. Holdings, LLC v Foundations Group 1,

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[FILED: NEW YORK COUNTY CLERK 01/16/2025 04:40 P~ INDEX NO. 157819/2022 NYSCEF-DOC. NO. 105 RECEIVED NYSCEF: 01/16/2025

Inc., 210 AD3d 548, 549 [1st Dept 2022] [holding that motion

court's denial of motions to extend the deadline to file the

note of issue and to complete discovery was an improvident

exercise of discretion])

Accordingly, it is

ORDERED that plaintiff PUTIEN NEW POWER INTERNATIONAL TRADE

CO., LTD.'s motion (seq. no. 005) seeking to extend the time in

which to file note of issue is granted, and the note of issue

shall be filed by plaintiff on or before April 24, 2025; and it

is further

ORDERED that no further extensions will be given; and it is

further

ORDERED that this matter is scheduled for a virtual Status

Conference in Part 42 on March 10, 2025 at 12:00 P.M.

§ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITIO..N. GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

157819/2022 PUT JEN NEW POWER INTERNATIONAL TRADE CO., LTD. vs. ESQUIRE Page 4 of 4 FOOTWEAR BRANDS, LLC ET AL Motion No. 005

Footnotes

[1] of 4 [* 1] BACKGROUND The facts and procedural history underlying this action were previously set forth in this Court's decision and order dated October 3, 2024, and will not be repeated herein (see NY St Cts Elec Filing [NYSCEF] Doc. No. 96, Decision and Order, dated October 3, 2024). Pursuant to that decision and order, this Court granted, in part, plaintiff's motion (seq. no. 004) to compel and ordered defendants to submit responses to plaintiff's outstanding interrogatories and request for document production within 60 days of October 3, 2024 (see id.). The note of issue filing deadline -- set for November 6, 2024 -- fell within the court-ordered 60-day time frame (see NYSCEF Doc. No. 95, So-Ordered Stipulation to Extend Note of Issue Deadline). As such, plaintiff filed the instant motion (seq. no. 005) seeking an extension of the note of issue filing deadline. ANALYSIS CPLR 2004 provides that: "Except where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown, whether the 15781912022 PUTIEN NEW POWER INTERNATIONAL TRADE CO., LTD. vs. ESQUIRE Page 2 of 4 FOOTWEAR BRANDS, LLC ET AL Motion No. 005 [* 2] 2 of 4

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