# Sanders Equities LLC v. Maldonado > New York Supreme Court, Nassau County · March 3, 2025 · 2025 NY Slip Op 30694(U) URL: https://www.frixlaw.com/law-library/cases/10818863 ## Case - **Court:** New York Supreme Court, Nassau County - **Decided:** March 3, 2025 - **Citations:** 2025 NY Slip Op 30694(U) - **Precedential status:** Unpublished - **Opinion:** Opinion by Sharon Gianelli - **Cited by:** 1 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10818863 ## Opinion text Sanders Equities LLC v Maldonado 2025 NY Slip Op 30694(U) March 3, 2025 Supreme Court, Nassau County Docket Number: Index No. 605681/2022 Judge: Sharon M.J. Gianelli 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. INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 SUPREME COURT OF THE STATE OF NEWYORK COUNTf OF NASSAU - Commercial Division PartT Present: Hon. Sharon M.J. Gianelli x SANDERS EQUITIES LLC, NEXT MILLENNIUM Index No: 6o56Brlzozz REALTY, LLC, AERIAL WAY AND ROBBINS LLC, rz3 FROST ASSOCIATES L.P., r35 NORTH Motion Seq. oo5 BROADWAY LLC and 6g BLOOMINGDALE LLC, Decision and Order Plaintiffs, -against- KEVIN MALDONADO, KEVIN MALDONADO AND ASSOCIATES, P.C. dlblaKEVIN MALDONADO & ASSOCIATES d/b/a KEVIN MALDONADO & PARTNERS LLC, MELISSA MALDONADO, KEVIN MALDONADO and MELISSA MALDONADO, as TRUSTEES of THE KEVIN AND MELISSA MALDONADO TRUST, EAGLE LAKE HOLDINGS LLC, BUSHMAN HILL REAL ESTATE LLC,567 FOUR MILE POINT LLC, WM WELCH ENTERPRISES LLC, BLUE STONE AND MULCH LLC, WMW HOLDINGS LLC, and HART MANSION LLC, Defendants. x Papers submitted: Plaintiffs Notice of Motion X Plaintiffs Affirmation in Support {Exhibits x Plaintiffs Memorandum of Lawin Support x Plaintiffs Supplemental Affirmation in Support X Defendants Opposition Letter X Plaintiffs Affirmation in Reply X Upon consideration of the parties'submissions, the Court's ruling is set forth below. This is Plaintiffs'motion (Mot. Seq. No. oo5) for an Order of the Court: (i) granting Plaintiffs leave to renew the Decision and Order of the Court, dated October 7,2024, and entered October g, zo24,to the extent it denied Plaintiffs' motion to strike the Answer to Amended Complaint, Counterclaims, and Third-Par$ Complaint, filed 1 [* 1] 1 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 September 8, zozg, of Defendants Kevin Maldonado ("Maldonado"), and Kevin Maldonado andAssociates, P.C. dlbla Kevin Maldonado &Associates d/b/a Kevin Maldonado & Partners LLC ("the Firm"), "with leave granted herein for movants to re- apply should Defendants fail to comply with this Decision and Order;" (ii) upon renewal, pursuant to CPLR 3rz6(3), striking the Answer because of Maldonado and the Firm's willful and contumacious failure to comply with the Disclosure Order and their disclosure obligations; and (iii) precluding Maldonado and the Firm from using or relying in this litigation upon any document or communication they have not produced in disclosure. The history and facts concerning this action have previously been recited in prior Decisions and Orders concerning this legal malpractice claim. By the Court's most recent Decision and Order, dated October 7,2024, and entered October g,2cl24 (Mot. Seq. No. oo4; Attachment *r), the Court denied Plaintiffs' motion to strike, but granted Plaintiffs leave to re-apply should Defendants Maldonado and the Firm fail to comply with the Court's Decision and Order directing Defendants Maldonado and the Firm to fully comply with all outstanding discovery concerning this matter within thirfy (go) days from the date of entry of the October 9,2c.24 Decision and Order. Plaintiffs have filed this motion (Mot. Seq. No. oo5) asserting that Defendants Maldonado and the Firm have failed to comply with the Court's October g,2oo24 Decision and Order (Mot. Seq. No. oo4). 2 [* 2] 2 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 Defendants Maldonado and the Firm's only response to Mot. Seq. No. oo5 is a letter from Defendant Kevin Maldonado, dated January 29,2o2S (Attachment #z), in which he requests that the Court consider it his opposition to Plaintiffs' Mot. Seq. No. oo5, and which states in pertinent part: KeuinMaldonado, Esq. 5 Hickory Hill Road C: (StB) 727-8t49 Windham, NY tz4g6 KeuinM o.ldonado 6 a @A aho o. com January 29,2o2S Via ECF Filing Hon. Sharon M.J. Gianelli Re: Sanders Equities LLC et alu. Keuin Maldonado et al. 6o18t/zozz Motion Sequence q Dear Judge Gianelli: Plaintiffs hauefiled a motton (Motion Seq. S), to renew the Motion to Preclude (Motion Seq. +). My opposition to Motion Seto. 4 is filed at Docket Entries to5 and to6. These entries haue been sealedby the Court. Please accept Docket Entries tog and to6, as well as mA letter to the Court dated January 77, 2o2S futtached hereto) o.s mA opposition to the r eneu ed motion. Thankyoufor Aour consideratton of this request. Sincerely, /s KeutnMaldonado Despite his assertion that "Docket entries ro5 and 106" are sealed, Defendant Kevin Maldonado and the Firm failed to provide along with this January 29,2o2S letter, the documents entered under "Docket Entries rO5 and 106", which are Defendant 3 [* 3] 3 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 Maldonado and the Firm's documents. Further, no attached letter dated January tt, 2o21was found. In connection with their Mot. Seq. No. oo5, Plaintiffs submitted a thorough set of papers, including Plaintiffs' "Affirmation of Good Faith and in Support of Motion for Leave to Renew" with exhibits (Attachment #3), a thorough and well-reasoned Memorandum of Law in Support of the Motion (Attachment #4), as well as an Affirmation in Reply (Attachment #5). The Court has reviewed and considered the parties' submissions, and the Court has credited Plaintiffs'. Notwithstanding the numerous warnings and Orders, Defendants Maldonado and the Firm have repeatedly refused and continue to refuse to comply with Plaintiffs'lawful discovery demands, as well as the Court's Decisions and Orders - most recently, the Court's Decision and Order dated October T,2c.24 and entered October 9,2c.24 (Mot. Seq. No. oo4). Plaintiffs have set forth a lengthy and thorough recitation of the history of this matter, together with prior Decisions and Orders of the Court, as well as a persuasive argument for the motion relief sought. Defendants Maldonado and the Firm have failed to do so. Upon review and consideration of the papers submitted, the Court credits Plaintiffs' submissions and find that they align with the Court's record of this action, as well as the law. 4 [* 4] 4 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 As argued in Plaintiffs' motion, "A motion for leave to renew'shall be based upon new facts not offered on the prior motion that would change the prior determination"' (Deutsche BankNatl. Tr. Co. u Cincu, zz8 AD3d 825,826 [zD Dept zoz4]). Further, "where a movant makes the requisite showing of new facts that would change the prior determination, it is reversible error to deny renewal (Deutsche BankNotl. Trust Co. u. -Atrisscn, z3o AD3d r1o5, uo8 [2d Dept 2024]). The new fact here is that Defendants Maldonado and the Firm failed to comply with the Court's most recent Decision and Order entered October 9,2c.24 (Mot. Seq. No. oo4), which is illustrative of Defendant Maldonado and the Firm's continued willful and continuing pattern of ignoring and failing to comply with Notices for Discovery and Inspection, as well as the Court's Decisions and Orders. Defendants Maldonado and the Firm have been given more opportunities to comply than may have been reasonable given Defendants Maldonado and the Firm's conduct throughout this litigation, and yet they have repeatedly failed to do so. Renewal is warranted. Defendants Maldonado and the Firm have not only been afforded numerous opportunities to comply with the Court's Orders, including three (g) final warnings, Defendants Maldonado and the Firm have repeatedly and intentionally failed to comply, without reasonable explanation. An assessment of Defendants Maldonado and the Firm's actions to date lead to the reasonable conclusion that the conduct is intentional, deliberate, evasive, uncooperative, designed to delay and avoid, and "willful and contumacious". 5 [* 5] 5 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 CPLR gp6(3) provides in pertinent part: Penalttesfor refusal to comply uith order or to disclose. If any party, or a person tuho at the time a depositton is taken or an examinatton or inspection is made is an officer, director, member, employee or agent of a party or otherwise under a party's control, refuses to obey an order for disclosure or willfully fails to disclose informationuthich the courtfinds out to haue been disclosed pursuant to this article, the court may make such orders with regard to the failure or refusal as are just, among them: G) an order striking out pleadings or parts thereof, or staying further proceedings untilthe order is obeyed, or dfsmfssing the action or any part thereof, or rendering a judgment by defoult against the disobedient party. Upon consideration of all papers submitted, together with the history of this action, including Defendants Maldonado and the Firm's repeatedly violative conduct, not only is renewal warranted, but so is the striking of the Answer based on Defendants Maldonado and the Firm's willful and contumacious refusal to comply with required discovery. Accordingly, It is ORDERED, that Plaintiffs'motion (Mot. Seq. No. oo5) for an Order of the Court granting Plaintiffs leave to renew the Decision and Order of the Court, dated October 7, 2024, and entered October g,2c.24 (Mot. Seq. No. oo4), to the ertent it denied Plaintiffs' motion to strike the Answer to Amended Complaint, Counterclaims, and Third-Parry Complaint, filed September 8,2c.29, of Defendants Kevin Maldonado ("Maldonado"), and Kevin Maldonado andAssociates, P.C. dlbla Kevin Maldonado & Associates dlb/aKevin Maldonado & Partners LLC ("the Firm"), is Granted; and 6 [* 6] 6 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 It is ORDERED, that Plaintiffs'motion (Mot. Seq. No. oo5) for an Order of the Court, striking the Answer pursuant to CPLR Stz6(g) because of Defendants Maldonado and the Firm's willful and contumacious failure to comply with the Disclosure Order (Mot. Seq. No. oo4) and their disclosure obligations throughout the litigation, is Granted; and It is ORDERED, that Plaintiffs'motion (Mot. Seq. No. oo5) for an Order of the Court precluding Defendants Maldonado and the Firm from using or relying in this litigation upon any document or communication they have not produced in disclosure, is Granted. This constitutes the Decision and Order of the Court. Dated: Mineola, New York March S,2o2S Sharon M Court 7 [* 7] 7 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 03/03/2025 ATTACHMENT #L [* 8] 8 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NO. 605681/2022 rNDEXNYSCEF: 03/03/2025 NYSCEE DOC. NO. 170 RECEIVED NYSCEF: 70/0'7 /2024 StiPllHMt"L C]OUKf OIi"I'HIi S:tNl'hl []Ir NIi\,vYtlRl( COLiNIIY 0F NI\SSALJ -.. Conrmercial Divisiou linrt 7 Prersent: [{on. Straron 11.,}, Giauelli Y sAN DIiItS EQUII] ES LLC, i.( tilxl' tU I LLFlNlil iiM Intlex No: 6o{;68ll zoza R.Lir\[.T'Y, l,i,C. Alill.! 4I., WAY AN D I{.OBI]INS I.,i,C. r23 IIROST' ASSOCINI'IIS L.P., r3S NORl'l{ Ivlotion Stlq. No. oo4 BROAD\,!-AY LI,C and 6g BLOOMINGDAI,E LI,C, l)t.rcision and Order lllaintiflls, -against- K hlvl N N{AIJON.,:tI.)(}, K.h.VIN i\{Al,DONADtl AN I) ASSOCIAI'IIS, P.C. dibia KI:IVIir- 14AI.,i)t)NAl)0 & ASSOCIATES d,r[7u KhVIN MALDONAD0 & PAR'IN FltlS LLC. I{ IiL I SSi\ IM ALDrf, Ni\DO, KIiVI N Iv{Al. llC) NADO a nd &{ [,] t.I SSA N{,{[.L}ONI\D0. as llltt.lS't'EIiS of 'fl'lI KIIVIN A.ND N'lEl,iSSA MALDON;\DC) lt'IttrS'f, II,AGI.li l.,A lil'l HOI,DlN(iS LLC, BUSHMAN I{ILL REAL iiS,L\TE LI,C, 567I?OUR h,II I.,h: POINT I,LC, WN{ WEI.,C}I IiNTERPII.ISES LLC, BI,Liii S1.0I(E AND [4UT,C}I I.i,C. \4If,,TW }{OLDINGS LLCI, and [{ARI'I\'IANSION LL.C, Dei"endants. Y Upon consirleration of papers sntrnritte,cl on thi-r nrotion, the CourL'.s ruling is set torth bek;rt This is Plaintiffs' motion fbr an C)xier of the Court, pursuattt to CI)].,R :1126(:l): striking the Ansr.r,er to the,.\merncled Cornplaint, Counterclaim, and Thircl-Part,r Compiaint, filed Septr:lmbpr 8, roz13 ol Defenctar*s Kerr.in Ntakionarlo ("1\laldclnado"), and K-evin Nlalclonado and *\ssociates, Ir.C. d1b,;s Ker,iri Nlalclonado & Associates cl/br/a Kevirt L,IalLR:lrg6(3) striking [he Answer to the Amended Complaint. Counterclairn, and 1'hird.*Parq' , 2of4 [* 10] 10 of 52 INDEX NO. 605681/2022 NYSCEF DOC. NO. 246 RECEIVED NO. 60568L/2022 rNDEXNYSCEF: 03/03/2025 NYSCEF DOC. NO. 170 RECEIVED NYSCEE T 7Q/07 /2024 Ccxnplain,t, tiled Stq:tember B, zoe3 of l.)efenrjants l(eviu lvlnldontrdrl, ancl Kerin Maldonaclo aurd As-strciates, P.C. dil-r/a Ker.in i\,kilclonado & Associates d/l:;'a Keviri ivlaldonarclo & Partners LLC (Kevin Mald of 52 50 [* 50] ^F A INDEX NO. 605681/2022 NYSCEF DOC. NO. NYSCEF DOC. NO. 235 246 RECEIVED NYSCEF: RECEIVED AL/28/2025 NYSCEF. 03/03/2025 WHEREFORE, the Court should issue an Order: (i) granting leave to renew the Disclosure Order; (ii) upon renewal, striking the Answer; (iii) referring this matter to a Judicial Hearing Of{icer or Special Referee for an inquest on damages; and (iv) granting such other and further relief as the Court deems just and proper, including precluding Maldonado and the Firm from using or relying in this litigation upon any document or communication they have not produced in disclosure. Dated: January 28,2025 lsl ?,,azlld'a O. Franklin C. McRoberts J [* 51] 51a of ^+ 52 A INDEX NO. 605681/2022 NYSCEF DOC. NYSCEF DOC. NO . 235 NO. 246 RECEIVED NYSCEF: RECEIVED AI/28/2025 NYSCEF. 03/03/2025 CERTIFICATION OF COUNSEL The foregoing Reply Affirmation in Further Support of Motion for Leave to Renew was prepared by computer using Microsoft Word. The total number of words in the document, excluding the caption and signature block is 450. This certification complies with Rule 17 of the Commercial Division Rules. kl a,,a'&/d', ? ?thRalorro Franklin C. McRoberts 4 FF\l 5270228. I [* 52] 52A of aF 52 A --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10818863. Public record. Not legal advice.