On May 15, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Somerset Holdings I Llc,
and
Benjamin George Mullen,
for Commercial Division
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 05/15/2024 02:33 PM INDEX NO. 513614/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SOMERSET HOLDINGS I LLC, Date filed:
Index No.
Plaintiff,
- against - NOTICE OF MOTION
FOR SUMMARY JUDGMENT
BENJAMIN GEORGE MULLEN, IN LIEU OF COMPLAINT
Defendant.
----------------------------------------------------------------- x
Upon the annexed affirmation of Aviva Francis, the affirmation of Mark Schlanger on
behalf of the Plaintiff and the exhibits annexed thereto, and upon all prior proceedings in this
action, plaintiff will move this Court, in a commercial part, Supreme Court of The State of New
York, County of Kings located at located at 360 Adams Street, New York, New York on June
26, 2024 at 9:30 a.m. for an Order: (i) pursuant to CPLR §3213 granting summary judgment in
lieu of complaint in favor of plaintiff and against defendant in the amount of: of $1,000,000 plus
interest at the rate of 12% per annum from May 20, 2022 through June 20, 2022, the maturity
date, and thereafter at the rate of 24% per annum, plus $2,000 in attorneys fees upon the ground
that this action is based upon an instrument for the payment of money only and that there is no
defense thereto; and (ii) for such other and further relief as this Court deems just and proper,
together with the costs and disbursements of this action.
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FILED: KINGS COUNTY CLERK 05/15/2024 02:33 PM INDEX NO. 513614/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering
papers, if any, are required to be served upon the undersigned at least seven (7) days before the
return date.
Dated: Cedarhurst, New York
May 15, 2024 JACOBOWITZ NEWMAN TVERSKY LLP
Attorney for Plaintiff
By: __/s/Aviva
__/s/Aviva Francis, Esq.
Evan M. Newman
Aviva Francis
377 Pearsall Avenue, Suite C
Cedarhurst, New York 11516
(516) 545-0343
afrancis@jntllp.com
2 of 2
Document Filed Date
May 15, 2024
Case Filing Date
May 15, 2024
Category
Commercial Division
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Preview
FILED: KINGS COUNTY CLERK 05/15/2024 02:33 PM INDEX NO. 513614/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------ x SOMERSET HOLDINGS I LLC, Date filed: Index No. Plaintiff, - against - NOTICE OF MOTION FOR SUMMARY JUDGMENT BENJAMIN GEORGE MULLEN, IN LIEU OF COMPLAINT Defendant. ----------------------------------------------------------------- x Upon the annexed affirmation of Aviva Francis, the affirmation of Mark Schlanger on behalf of the Plaintiff and the exhibits annexed thereto, and upon all prior proceedings in this action, plaintiff will move this Court, in a commercial part, Supreme Court of The State of New York, County of Kings located at located at 360 Adams Street, New York, New York on June 26, 2024 at 9:30 a.m. for an Order: (i) pursuant to CPLR §3213 granting summary judgment in lieu of complaint in favor of plaintiff and against defendant in the amount of: of $1,000,000 plus interest at the rate of 12% per annum from May 20, 2022 through June 20, 2022, the maturity date, and thereafter at the rate of 24% per annum, plus $2,000 in attorneys fees upon the ground that this action is based upon an instrument for the payment of money only and that there is no defense thereto; and (ii) for such other and further relief as this Court deems just and proper, together with the costs and disbursements of this action. 1 of 2 FILED: KINGS COUNTY CLERK 05/15/2024 02:33 PM INDEX NO. 513614/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering papers, if any, are required to be served upon the undersigned at least seven (7) days before the return date. Dated: Cedarhurst, New York May 15, 2024 JACOBOWITZ NEWMAN TVERSKY LLP Attorney for Plaintiff By: __/s/Aviva __/s/Aviva Francis, Esq. Evan M. Newman Aviva Francis 377 Pearsall Avenue, Suite C Cedarhurst, New York 11516 (516) 545-0343 afrancis@jntllp.com 2 of 2