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FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
NYC MATERIALS CORP., DTA Index No.: 613848/2017
INDUSTRIES, INC., ANTHONY J. VULPIS,
and NYC LEASING GROUP INC.
NOTICE OF MOTION TO INTERVENE
Plaintiffs,
-against-
CSF MATERIALS CORP., MICHAEL
BONSERA, and LISA BONSERA,
Defendants,
TO: Arthur J. Muller
TRIVELLA & FORTE, LLP
1311 Mamaroneck Avenue, Suite 170
White Plains, New York, 10605
Tel: 914-949-9075
Attorneys for Plaintiffs
Randy Scott Zelin
RANDY SCOTT ZELIN, PC
59th 22nd
110 East Street, FlOOr
New York, New York, 10022
Attorneys for Defendants
C O U N S E L:
PLEASE TAKE NOTICE that upon the annexed affidavit of Ashley Bullins dated
August 22, 2018, the affirmation of Jeffrey P. Valacer, Esq. dated August 22, 2018, all exhibits
annexed, the accompanying memorandum of law, and all of the papers and proceedings had in
this action, a motion will be made on behalf of the proposed intervenors Volvo Financial
Services, a division of VFS US LLC ("Volvo Financial") at a civil part of the Supreme Court of
the State of New York, Nassau County, at the Courthouse located at 100 Supreme Court Drive,
7th
Mineola, New York 11501, on the day of September, 2018, at 9:30 a.m. in the forenoon of
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FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018
that day, or as soon thereafter as counsel can be heard, for an order:
(A) Granting permission for Volvo Financial to intervene in the above-entitled action
pursuant to CPLR §§ 1012 or 1013; and
(B) Directing that the Volvo Financial be added as a party, directing that the
Complaint be amended by adding Volvo Financial as an intervening party, and
(C) Granting that Anthony Cagliardi a/k/a Anthony Gagliardi be added as a party
pursuant to CPLR §§ 1001 or 1002; and
(D) Directing that the Complaint be amended by adding Anthony Cagliardi a/k/a
Anthony Gagliardi as a joined party; and
(E) Granting that Volvo Financial be allowed to introduce its breach of contract claim
against the parties into this matter;
(F) Directing Volvo Financial to serve their complaint and order to show cause upon
all parties within a reasonable period of time to be determined by the Court;
(G) Directing that the collateral at issue in this matter be turned over to Volvo
Financial; and
(H) Granting such other and further relief that the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that the actual name of the proposed joined
party is "Anthony Cagliardi a/k/a Anthony Gagliardi", and all references to an "Anthony
Cagliardi"
in the moving papers should be read as "Anthony Cagliardi a/k/a Anthony Gagliardi".
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), any
answering papers, and any notices of cross-motion, with papers, if any, shall be served upon the
undersigned at least seven (7) days prior to the return date.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), any reply
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FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018
papers, if any, shall be served at least one (1) day prior to the return date.
PLEASE TAKE FURTHER NOTICE, that oral argument is respectfully requested
only if timely opposition is filed.
GORDON REES SCULLY MANSUKHANI, LLP
Attorneys for Proposed Intervenor Volvo
Serv'
Financial e , c
By:
Ro ald A. Gilfer
Je rey P. Valacer
28*
One Battery Park, Floor
New York, New York 10004
Tel: (212) 269-5500
Fax: (212) 269-5505
RESPOND TO:
18 Columbia Turnpike, Suite 220
Florham Park, New Jersey 07932
Tel: (973) 549-2500
Fax: (973) 377-1911
E-Mail: rgiller@grsm.com
jvalacer@grsm.com
Dated: August 27, 2018
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FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU NYC MATERIALS CORP., DTA Index No.: 613848/2017 INDUSTRIES, INC., ANTHONY J. VULPIS, and NYC LEASING GROUP INC. NOTICE OF MOTION TO INTERVENE Plaintiffs, -against- CSF MATERIALS CORP., MICHAEL BONSERA, and LISA BONSERA, Defendants, TO: Arthur J. Muller TRIVELLA & FORTE, LLP 1311 Mamaroneck Avenue, Suite 170 White Plains, New York, 10605 Tel: 914-949-9075 Attorneys for Plaintiffs Randy Scott Zelin RANDY SCOTT ZELIN, PC 59th 22nd 110 East Street, FlOOr New York, New York, 10022 Attorneys for Defendants C O U N S E L: PLEASE TAKE NOTICE that upon the annexed affidavit of Ashley Bullins dated August 22, 2018, the affirmation of Jeffrey P. Valacer, Esq. dated August 22, 2018, all exhibits annexed, the accompanying memorandum of law, and all of the papers and proceedings had in this action, a motion will be made on behalf of the proposed intervenors Volvo Financial Services, a division of VFS US LLC ("Volvo Financial") at a civil part of the Supreme Court of the State of New York, Nassau County, at the Courthouse located at 100 Supreme Court Drive, 7th Mineola, New York 11501, on the day of September, 2018, at 9:30 a.m. in the forenoon of 1 of 3 FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018 that day, or as soon thereafter as counsel can be heard, for an order: (A) Granting permission for Volvo Financial to intervene in the above-entitled action pursuant to CPLR §§ 1012 or 1013; and (B) Directing that the Volvo Financial be added as a party, directing that the Complaint be amended by adding Volvo Financial as an intervening party, and (C) Granting that Anthony Cagliardi a/k/a Anthony Gagliardi be added as a party pursuant to CPLR §§ 1001 or 1002; and (D) Directing that the Complaint be amended by adding Anthony Cagliardi a/k/a Anthony Gagliardi as a joined party; and (E) Granting that Volvo Financial be allowed to introduce its breach of contract claim against the parties into this matter; (F) Directing Volvo Financial to serve their complaint and order to show cause upon all parties within a reasonable period of time to be determined by the Court; (G) Directing that the collateral at issue in this matter be turned over to Volvo Financial; and (H) Granting such other and further relief that the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that the actual name of the proposed joined party is "Anthony Cagliardi a/k/a Anthony Gagliardi", and all references to an "Anthony Cagliardi" in the moving papers should be read as "Anthony Cagliardi a/k/a Anthony Gagliardi". PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), any answering papers, and any notices of cross-motion, with papers, if any, shall be served upon the undersigned at least seven (7) days prior to the return date. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), any reply 2 2 of 3 FILED: NASSAU COUNTY CLERK 08/22/2018 04:14 PM INDEX NO. 613848/2017 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 08/27/2018 papers, if any, shall be served at least one (1) day prior to the return date. PLEASE TAKE FURTHER NOTICE, that oral argument is respectfully requested only if timely opposition is filed. GORDON REES SCULLY MANSUKHANI, LLP Attorneys for Proposed Intervenor Volvo Serv' Financial e , c By: Ro ald A. Gilfer Je rey P. Valacer 28* One Battery Park, Floor New York, New York 10004 Tel: (212) 269-5500 Fax: (212) 269-5505 RESPOND TO: 18 Columbia Turnpike, Suite 220 Florham Park, New Jersey 07932 Tel: (973) 549-2500 Fax: (973) 377-1911 E-Mail: rgiller@grsm.com jvalacer@grsm.com Dated: August 27, 2018 3 3 of 3