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Nodify Inc. v. Kristan

New York Transactions, Agreements' Clauses 'Minimum Contacts' for Long-Arm Purposes

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ORDER

*1 Plaintiff Nodify Inc. (“Nodify”) commenced this action on April 11, 2017, filing a complaint asserting claims for breach of contract and fraud, among others, against pro se defendant Frank Kristan (“Kristan”) and defendant Unitiv, Inc. (“Unitiv”, collectively “Defendants”).Before this Court are various motions filed by Kristan: (1) a motion to dismiss all claims in the complaint (“Motion to Dismiss”); (2) a motion to stay all discovery in the case (“Motion to Stay Discovery”); and (3) a motion to disqualify plaintiff’s counsel James A. Powers (“Motion to Disqualify Counsel”).A. Motions to Stay Discovery and Disqualify CounselKristan’s Motion to Stay Discovery is hereby DENIED. The Court notes that Unitiv, which appeared in the case and filed an answer on April 19, 2017, has not moved to dismiss the complaint. As discovery will proceed against Unitiv, the Court will not permit discovery to be stayed against Kristan.The Motion to Disqualify Counsel is hereby DENIED without prejudice. Kristan is permitted to renew his Motion to Disqualify Counsel, if appropriate, once a trial date is scheduled in this case.

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