Bank of New York Mellon v. Irving Pinsky (2013)

MEMORANDUM OF DECISION

On May 2, 2013 at 11:45 a.m., this Court listened to the court monitor tape for February 25, 2013.   Plaintiff's counsel was present and argued the plaintiff's motion to strike the defendant's special defense (# 121.00).   The defendant was not present.   On at least two (2) occasions (if not more) this Court ruled from the bench that the motion to strike was granted except special defense # 8, for which the court ordered an evidentiary hearing and asked the clerk to arrange a hearing date regarding special defense # 8 in six to eight weeks.

Further research regarding this ruling indicates that the JDNO Re:  Motion to Strike (# 121.00) was not issued by the Clerk's Office until March 18, 2013.   Although the absence of the defendant should not be excused, this court in an abundance of equity and fair play shall consider notice to the defendant in this instance only, as dated March 18, 2013.

Continuing on this saga created by Attorney Irving Pinsky, the Court on April 29, 2013, entertained two motions.

Plaintiff's motion to strike the defendant amended special defense dated March 19, 2013 (filing # 124.00) is denied on procedural grounds.   The Plaintiff is free to proceed to file another motion to strike based on legal grounds.

The Defendant's objection to motion to strike (# 126.00) is sustained on procedural grounds only.

JOHN W. MORAN, JUDGE TRIAL REFEREE

5/2/13

Moran, John W., J.T.R.