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  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
  • Joseph Guinta Individually and on behalf of Holloway Dobermans v. John ContoupeCommercial - Contract document preview
						
                                

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FILED: RICHMOND COUNTY CLERK 07/08/2022 01:02 PM INDEX NO. 151214/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ____________________________________________________________________Ç JOSEPH GUINTA, individually and on behalf of HOLLOWAY DOBERMANS Index No.: 151214/2022 Plaintiff, -against- AMENDED EMERGENCY AFFIRMATION JOHN CONTOUPE Defendant. _______________________________________________________________Ç JESSICA A. TERMINI, ESQ., an attorney at law, duly licensed to practice law within the Courts of the State of New York affirms the following under the penalties of perjury: 1. I am an Associate in the law firm of ANGIULI & GENTILE, LLP., attorneys for Plaintiff herein. As such, I am fully familiar with the facts and circumstances had herein. I submit this Emergency Affirmation together with your affirmant's accompanying Affirmation in Support dated June 30, 2022 and the Affidavits of Joseph Guinta, Rene Warren and Ann Wulbercht, and all the exhibits annexed thereto, in support of the Plaintiffs Order to Show Cause seeking the immediate repossession of the canine Vogue and other interim relief. Contract" 2. Defendant entered into a "Show Bitch Puppy Co-Ownership (hereinafter referred to as "the Contact") with Plaintiff for the purchase of Vogue for show purposes. See Exhibit A annexed to your affirmant's accompanying Affirmation in Support dated June 30, 2022. 1 of 3 FILED: RICHMOND COUNTY CLERK 07/08/2022 01:02 PM INDEX NO. 151214/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/08/2022 3. As set forth in the Affidavits of Joseph Guinta and Rene Warren, and the exhibits annexed thereto, Defendant retrieved Vogue from Plaintiff's residence located in Staten Island, New York and traveled back with the puppy to his own residence located in Malabar, Florida on April 16, 2022. Later that same evening, however, Plaintiff discovered that Defendant purchased another Doberman bitch puppy (hereinafter referred to as "Eden") from the breeder René Warren that was placed in his home the day before on April 15, 2022. 4. As set forth in the Affidavit of Joseph Guinta, Defendant was well aware that the Plaintiff would never agree to sell two puppies together of combination ---let alone any two Doberman p1Æpies of the same-sex close in age that would be raised as littermates due to safety concerns with littermate syndrome and same sex aggression issues. As such, Defendant, (in raising Vogue and Eden as littermates in his home) has created a living situation that is no longer suitable which continues to jeopardize the health and safety of Vogue. 5. Pursuant to the express terms of the Contract, Plaintiff has the right to actual repossession of Vogue and therefore Defendant has wrongfully retained possession of Vogue. 6. This matter is of concern to Plaintiff, who has suffered clear and unquestionable damage at the hands of the Defendant. Vogue will suffer irreparable damage absent an Order directing that Plaintiff have immediate repossession of Vogue, as well as an Order of Seizure and Temporary Restraining Order/Preliminary Injunction against the Defendant. 7. The requirements under Uniform Court Rule 202.7 have been met as notice is dispensed with in applications for a temporary restraining order where, as here, there will be significant prejudice to Plaintiff if Defendant (who is in sole possession of Vogue) is not restrained from showing, breeding, surgically altering (spaying), placing and/or selling Vogue to an outside party pending the return of Vogue to Plaintiff's residence. Further, as shown in Exhibit K annexed 2 2 of 3 FILED: RICHMOND COUNTY CLERK 07/08/2022 01:02 PM INDEX NO. 151214/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/08/2022 to the Affidavit of Joseph Guinta, Defendant was previously arrested and losthis job falsifying vet records. It bears noting here Defendant has not provided Plaintiff with any veterinary records or otherwise information concerning the health and well-being of Vogue. This is particularly concerning in view of the evidence set forth in the accompanying Affidavit of Joseph Guinta (and Exhibit L annexed thereto) reflecting that Vogue has been subject to excessive crating and improper bedding, which are measures taken to avoid incidents of inter-dog household aggression between these two Doberman bitch puppies. 8. As such, on Plaintiffs behalf, it is respectfully requested that the accompanying Order to Show Cause be considered as expeditiously as possible. Duly Affirmed: July 8, 2022 JESS A. TERMINI, ESQ. 3 3 of 3