Motion sequence numbers 001, 003 and 004 are consolidated for disposition. The two cases have been consolidated under the above caption pursuant to an order of this court dated January 14, 2009.
In motion sequence number 001, Jeremy S. Pitcock (“Pitcock”) moves, pursuant to CPLR 3211(a)(7), (a)(4), and CPLR 3016, to dismiss the action against him. In motion sequence number 003, Sitrick and Company (“Sitrick”) moves, pursuant to CPLR 3211(a)(7), and 3211(c), to dismiss the complaint as against it. In motion sequence number 004, Kasowitz, Benson, Torres & Friedman, LLP (“KBT&F”) and Eric Wallach (“Wallach”) move, pursuant to CPLR 3211(a)(4) and (a)(7), to dismiss the complaint as against them. The portion of the above-referenced motions relating to CPLR 3211(a)(4) is based on a federal suit filed by Pitcock, which has subsequently been discontinued, rendering this portion of the motions moot.
