Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022
08/08/2022 09:26
01:41 AM
PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 105
137 RECEIVED NYSCEF: 08/03/2022
08/08/2022
"C"
EXHIBIT
FILED: RICHMOND COUNTY INDEX NO. 152018/2020
^CLERK 08/03/2022
08/08/2022 09:26
01:41 AM
PM
NYSCEF DOC. NO 42 RECEIVED NYSCEF: 06/22/ 021
NYSCEF DOC. NO. 105
137 RECEIVED NYSCEF: 08/08/2022
08/03/2022
·. SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------ ---------------------X Index No. 152018/2020
VICTOR CALDERON,
Plaintiff, NOTICE OF MOTION
- against -
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC AND CHRISTINA FALGIANO,
Defendant.
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC,
Third-Party Plaintiff,
- against -
J.K.S., INC. d/b/a J&K LANDSCAPING,
Third-Party Defendant.
PLEASE TAKE NOTICE, that upon the affirmation of Marvin O. Uwangue, Esq., duly
22nd
affirmed to on the day of June, 2021 and the annexed exhibits, the Plaintiff moves this Court,
at the Supreme Court, Richmond County, located at 26 Central Avenue, Staten Island, New York,
21st
a DCM Part, on the day of July 2021, at 9:30 a.m. for an Order 1) granting leave of Court
to serve and file an Amended Complaint, and that the Amended Complaint be deemed served
on Defendants as all parties being served with the instant motion have appeared by counsel; 2)
amending the caption, and for such other further relief as this Court deems just and proper.
L.AWOFFICES
CHELLI & BUSH
( 49 NEWDORP LANE
STATEMISLAND. N.Y.
10306
(7 f 6) 987.8444
FAX D 1S) 667-8
187
FILED: RICHMOND COUNTY CLERK 08/03/2022
08/08/2022 09:26
01:41 AM
PM INDEX NO. 152018/2020
NYSCEF DOC. N(a , 42 RECEIVED NYSCEF: 06/22/ 021
NYSCEF DOC. NO. 105
137 RECEIVED NYSCEF: 08/08/2022
08/03/2022
Pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served upon
the undersigned at least 7 days before the return date of this motion.
DATED: Staten Island, New York Yours etc.
June 22, 2021 .
By: Marvin 0. Uwangue, Esq.
Chelli &.Bush, Esqs
Attorneys for Plaintiff
149 New Dorp Lane
Staten Island, New York 10306
(718) 987-8444
To:
. FULLERTON BECK, LLP
Attorney for Defendant/Third-Party Plaintiff
HOLIDAY VILLAS AT OAKWOOD
HOMEOWNERS ASSOCIATION, INC
One West Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No.: 0113-153
NICOLINI, PARADISE, FERRETTI & SABELLA
Attorney for Defendant
CHRISTINA FALGIANO
114 Old Country Road, Suite 500
Mineola, New York 11501
(516) 741-6355
PILLINGER MILLER TARALLO, LLP
Attorney for Third-Party Plaintiff
J.K.S., INC. d/b/a J&K LANDSCAPING
5*
555 Taxter Road, Floor
Elmsford, New York 10523
(914) 703-6300
File No.: TMB ERIE-00216/JCM
LAW QFFICES
CHELLI & BUSH
T49 NEWDORPLANE
STATEN ISLAND. N.Y.
10308
(71 81987-8444
FAX (71 8) 667-8187
FILED:
.. --... . RICHMOND
..- -.-..... COUNTY
...--... . -....
CLERK 08/08/2022
08/03/2022
- - , -.. , ... --- --
01:41
09:26. - - AM
PM
...,
INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO
NO. . 43
105
137 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/22/.!021
08/08/2022
08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X Index No. 152018/2020
VICTOR CALDERON,
Plaintiff,
- against - . AFFIRMATION IN
SUPPORT OF MOTION
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC AND CHRISTINA FALGIANO,
Defendant.
X
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC,
Third-Party Plaintiff,
- against -
J.K.S., INC. d/b/a J&K LANDSCAPING,
Third-Party Defendant.
......--..--------- _________..-------X
Marvin O. Uwangue, Esq., an attorney admitted to practice in this state, affirms that the
following statements are true under the penalties of perjury:
1. I am an associate with CHELLI AND BUSH, ESQS, attorneys for the Plaintiff in
the above entitled action and am familiar with the facts surrounding this application. I submit this
affirmation in support of the Plaintiff's Motion for an Order granting leave of Court to the Plaintiff
to serve and file an amended Complaint.
2. The above captioned action is seeking recovery for serious injuries sustained by
the Plaintiff VICTOR CALDERON on May 25, 2020, when he was cause to trip and fall due to
the negligence of the Defendants.
1-AWOmCES
3. A Summons & Complaint was served on Defendants HOLIDAY VILLAS AT
CHELLI & BUSH
149 NEWDORP L.ANE
ST^"" g5 "°·""·
OAKWOOD HOMEOWNERS ASSOCIATION, INC and CHRISTINA FALGIANO on
4 444
(7 50) 997
November 24, 2020 and December 23, 2020, respectively. Thereafter, Defendants Answers
FILED: RICHMOND .,....- ---....-
COUNTY ...--
CLERK --,--.,--......
08/08/2022
08/03/2022 --
01:41
09:26 ....
- AM
PM
...., INDEX NO. 152018/2020
NYSCEF DOC. NO 43 RECEIVED NYSCEF: 06/22/1021
NYSCEF DOC. NO. 105
137 RECEIVED NYSCEF: 08/08/2022
08/03/2022
were received. (Copies of the Summons and Complaint and Answers are annexed herewith as
"A," "B"
Exhibit and "C").
4. A Bill of particulars and Reply to Combined Demands for Discovery and
Inspection were served on Defendants HOLIDAY VILLAS AT OAKWOOD
HOMEOWNERS ASSOCIATION, INC and CHRISTINA FALGIANO on February 23, 2021
"D"
(Copies of the Bills of Particulars are annexed hereto as Exhibit and "E")
5. A Preliminary Conference was held on February 26, 2021 (a copy of the
Preliminary Conference Order is annexed hereto as Exhibit "F").
6. Thereafter, our office was served with a copy of a Third-Party complaint dated
March 31, 2021 from Defendant HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC'S naming J.K.S., INC. d/b/a J&K LANDSCAPING as Third-Party
defendant as a result of a lawn maintenance agreement between the parties at H.OLIDAY
VILLAS AT OAKWOOD, particularly the common grounds located near 21 Garth Court.
(Copies of the Third-Party complaint and Lawn Maintenance Agreement are annexed herewith
"G"
!| as Exhibit and "H")
7. Therefore, Plaintiff's counsel is asking for the leave of this Court to serve and
LANDSCAPING,"
file an Amended Complaint to include "J.K.S., INC. d/b/a J&K as an
additional party Defendant in this action.
8. It is well established that CPLR 3025 (b) indicates that "leave shall be freely
given..."
for the amendment of pleadings. As set forth in Leutloff v. Leutloff, 47 Misc. 2d 458,
262 NYS2d 736 (1965), "this section is to be liberally construed to permit pleadings to be
advantage."
amended, in the absence of laches, undo prejudice and unfair In the instant case,
aw orecas allowing the Plaintiff to amend the complaint to add "J.K.S., INC. d/b/a J&K
CHELLI & BUSM I
I 49 NEWDORPI.ANE
STATEN ISLANO. NJ.
LANDSCAPING"
as an additional Defendant at this time will cause no undo prejudice and
1osoe
(71 8) 987-8 444
rAx m si sev.e re7
unfair advantage to ann in Es action
..........-.
FILED: . ..... ....-....
RICHMOND -.......
COUNTY -....
CLERK -
08/08/2022
08/03/2022
-, --, -,,-... ...-
01:41
09:26. - - AM
PM
...., INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. N0,
NO. 43
105
137 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/22/3021
08/08/2022
08/03/2022
9. Furthermore, ithas been commonly held that where a Plaintiff does not seek to
amend his complaint to add any new facts to the case, but seeks only to add a new ground or
theory in support of his claim, this is all the more reason to grant the amendment. See Rife v.
Union College, 30 A.D.2d 504, 294 N.Y.S.2d 460 (1968), where the Court granted the
amendment where the amended complaint did not propose to add "any new, unknown or
unalleged facts in the amended complaint, but at most has merely set forth an additional theory
alleged."
of the law based upon the facts formerly
10. In the instant case, the Amended Complaint does not contain any new causes of
action, but itsimply adds additional defendant, J.K.S., INC. d/b/a J&K LANDSCAPING, who
allegedly constructed the building, particularly the subject interior steps, at the location of the
accident. Therefore, Plaintiff's counsel is asking for the permission of this Court to amend
LANDSCAP1NG"
summons and complaint to name "J.K.S., INC. d/b/a J&K as a party
Defendant. (A copy ofthe proposed supplemental summons and amended complaint, reflecting
LANDSCAPING"
"J.K.S., INC. d/b/a J&K as an additional Defendant is annexed hereto as
Exhibit "I").
LAW OFFICES
CHELU & BUSH
I 49 NEWDORPLANE
STATEN ISLAND.N.Y,
10806
(7I B) 987-8444
FAX f71 B) 667-8I81
.....-....
FILED: . ..-
RICHMOND...-..- ---...
COUNTY . -....
CLERK - -
08/08/2022
08/03/2022
, --., -...... ...-
01:41
09:26 . -,, AM
PM
..., INDEX NO. 152018/2020
NY S CE F DOC . No . 43 NY S CE F:
RE CE I VE D NYSCEF: 06/22/2021
NYSCEF DOC. NO. 105
137 RECEIVED 08/08/2022
08/03/2022
11. The amended caption should read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X Index No. 152018/2020
Plaintiff,
- against -
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC, CHRISTINA FALGIANO
AND J.K.S., INC. d/b/a J&K LANDSCAPING,
Defendant.
X
HOLDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC,
Third-Patty Plaintiff,
- against -
J.K.S., INC. d/b/a J&K LANDSCAPING,
Third-Party Defendant.
X
12. Clearly, allowing the Plaintiff to amend the complaint to name "J.K.S., INC.
LANDSCAPING"
d/b/a J&K as an additional Defendant, does not in any way prejudice
against the Defendant, nor does itpropose to add a new, unknown or unalleged facts. As such
leave should be granted by the Court to the Plaintiff to serve and file the amended summons
and complaint in this action.
13. Consequently, Plaintiff's counsel is asking for the permission to serve and file
LANDSCAPING,"
an Amended Complaint to add in "J.K.S., INC. d/b/a J&K as a Defendant.
14. The statute of limitations against Defendant, "J.K.S., INC. d/b/a J&K
LAW OH1CES LANDSCAPING"
has not run.
CHE LLI & BUSH
149 NEWDORP LANE
SWEN S MD.N.Y.
15. There is no prejudice accruing to either party as against the other should
1718) 987-8444
FAX (7 1B) 667-S1 87
Plaintiff's motion be granted, as requested herein.
..---
FILED: . .....
RICHMOND ....- COUNTY
---...... --....
CLERK 08/08/2022
08/03/2022
- - , ...., - - - - 01:41
09:26
......- - AM
PM
...,
INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO
NO. 43
105
137 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 06/22/;!021
08/03/2022
08/08/2022
". WHEREFORE, your affirmant respectfully requests an order 1) granting leave of Court
to serve and filean Amended Complaint, and that the Amended Complaint be deemed served
on Defendants as all pardes being served with the instant motion have appeared by counsel; 2)
amending the caption, and for such other further relief as this Court deems just and proper.
Dated: Staten Island, New York
June 22, 2021
Marvin O. Uwangue
LAWOFFICES
CHELL1 & BUSH
I49 NEWDORPLANE
5TATEN ISLAND, N.Y.
I0806
(71 8) 987-8444
FAX (7 I 9) 667.8
L87
FILED: RICHMOND COUNTY CLERK 08/03/2022
08/08/2022 09:26
01:41 AM
PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 57 KELE1VEU N YSCEF : U// L / / Z UZ
NYSCEF DOC. NO. 105
137 At IAS I )1M
RECEIVED
of
NYSCEF:
the Supreme Coun ofthe08/08/2022
08/03/2022
New
State of
York, held in and for the County of Richmond, at the
Courthouse, locatedinStatenIsland,City New
and State of
York on the 27*day of hty 2021
PRESENT: HON. LIZETTE COLON, JSC Motion Seq# 001
----------------------------------------------------Ç
ORDER
VICTOR CALDERON
PlaintifT(s), INDEX NO. 152018/2020
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNESS
ASSOCIATION, INC.et al
Defendant(s)
Papers Numbered (NY5CEF)
Notice of Motioi•Order
to Show Cause
And Affidavits Annexed
(Alfirmations) 42-53
AnsweringAfBdavit(Affirmation)
Reply Amdavit(Affumation)
Aflidavit
(Afarmation)
Virtual oral arguments held 7-27-2I via Microsoft Teams.
Plaintiff s motion to file and serve an amended complaint and amend the caption (MS# 0.01), without opposition, is
hereby granted. The amended complaint isdeemed filed and served. Defendants to fileamended answer within 30 days.
Compliance conference adjourned to 9-10-21.
E R
HON. I N, JSC
VirtualAppearances:
Marvin Uwangue, Esq. for Plaintiff
Angelo Bianco, Esq. for Defendant
James Miller, Esq.. for
Defendant
Sandra LePorin, Esq. forDefendant
Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 08/08/2022 09:26 01:41 AM PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 105 137 RECEIVED NYSCEF: 08/03/2022 08/08/2022 "C" EXHIBIT FILED: RICHMOND COUNTY INDEX NO. 152018/2020 ^CLERK 08/03/2022 08/08/2022 09:26 01:41 AM PM NYSCEF DOC. NO 42 RECEIVED NYSCEF: 06/22/ 021 NYSCEF DOC. NO. 105 137 RECEIVED NYSCEF: 08/08/2022 08/03/2022 ·. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------ ---------------------X Index No. 152018/2020 VICTOR CALDERON, Plaintiff, NOTICE OF MOTION - against - HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC AND CHRISTINA FALGIANO, Defendant. HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC, Third-Party Plaintiff, - against - J.K.S., INC. d/b/a J&K LANDSCAPING, Third-Party Defendant. PLEASE TAKE NOTICE, that upon the affirmation of Marvin O. Uwangue, Esq., duly 22nd affirmed to on the day of June, 2021 and the annexed exhibits, the Plaintiff moves this Court, at the Supreme Court, Richmond County, located at 26 Central Avenue, Staten Island, New York, 21st a DCM Part, on the day of July 2021, at 9:30 a.m. for an Order 1) granting leave of Court to serve and file an Amended Complaint, and that the Amended Complaint be deemed served on Defendants as all parties being served with the instant motion have appeared by counsel; 2) amending the caption, and for such other further relief as this Court deems just and proper. L.AWOFFICES CHELLI & BUSH ( 49 NEWDORP LANE STATEMISLAND. N.Y. 10306 (7 f 6) 987.8444 FAX D 1S) 667-8 187 FILED: RICHMOND COUNTY CLERK 08/03/2022 08/08/2022 09:26 01:41 AM PM INDEX NO. 152018/2020 NYSCEF DOC. N(a , 42 RECEIVED NYSCEF: 06/22/ 021 NYSCEF DOC. NO. 105 137 RECEIVED NYSCEF: 08/08/2022 08/03/2022 Pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least 7 days before the return date of this motion. DATED: Staten Island, New York Yours etc. June 22, 2021 . By: Marvin 0. Uwangue, Esq. Chelli &.Bush, Esqs Attorneys for Plaintiff 149 New Dorp Lane Staten Island, New York 10306 (718) 987-8444 To: . FULLERTON BECK, LLP Attorney for Defendant/Third-Party Plaintiff HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC One West Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No.: 0113-153 NICOLINI, PARADISE, FERRETTI & SABELLA Attorney for Defendant CHRISTINA FALGIANO 114 Old Country Road, Suite 500 Mineola, New York 11501 (516) 741-6355 PILLINGER MILLER TARALLO, LLP Attorney for Third-Party Plaintiff J.K.S., INC. d/b/a J&K LANDSCAPING 5* 555 Taxter Road, Floor Elmsford, New York 10523 (914) 703-6300 File No.: TMB ERIE-00216/JCM LAW QFFICES CHELLI & BUSH T49 NEWDORPLANE STATEN ISLAND. N.Y. 10308 (71 81987-8444 FAX (71 8) 667-8187 FILED: .. --... . RICHMOND ..- -.-..... COUNTY ...--... . -.... CLERK 08/08/2022 08/03/2022 - - , -.. , ... --- -- 01:41 09:26. - - AM PM ..., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO NO. . 43 105 137 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/22/.!021 08/08/2022 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X Index No. 152018/2020 VICTOR CALDERON, Plaintiff, - against - . AFFIRMATION IN SUPPORT OF MOTION HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC AND CHRISTINA FALGIANO, Defendant. X HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC, Third-Party Plaintiff, - against - J.K.S., INC. d/b/a J&K LANDSCAPING, Third-Party Defendant. ......--..--------- _________..-------X Marvin O. Uwangue, Esq., an attorney admitted to practice in this state, affirms that the following statements are true under the penalties of perjury: 1. I am an associate with CHELLI AND BUSH, ESQS, attorneys for the Plaintiff in the above entitled action and am familiar with the facts surrounding this application. I submit this affirmation in support of the Plaintiff's Motion for an Order granting leave of Court to the Plaintiff to serve and file an amended Complaint. 2. The above captioned action is seeking recovery for serious injuries sustained by the Plaintiff VICTOR CALDERON on May 25, 2020, when he was cause to trip and fall due to the negligence of the Defendants. 1-AWOmCES 3. A Summons & Complaint was served on Defendants HOLIDAY VILLAS AT CHELLI & BUSH 149 NEWDORP L.ANE ST^"" g5 "°·""· OAKWOOD HOMEOWNERS ASSOCIATION, INC and CHRISTINA FALGIANO on 4 444 (7 50) 997 November 24, 2020 and December 23, 2020, respectively. Thereafter, Defendants Answers FILED: RICHMOND .,....- ---....- COUNTY ...-- CLERK --,--.,--...... 08/08/2022 08/03/2022 -- 01:41 09:26 .... - AM PM ...., INDEX NO. 152018/2020 NYSCEF DOC. NO 43 RECEIVED NYSCEF: 06/22/1021 NYSCEF DOC. NO. 105 137 RECEIVED NYSCEF: 08/08/2022 08/03/2022 were received. (Copies of the Summons and Complaint and Answers are annexed herewith as "A," "B" Exhibit and "C"). 4. A Bill of particulars and Reply to Combined Demands for Discovery and Inspection were served on Defendants HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC and CHRISTINA FALGIANO on February 23, 2021 "D" (Copies of the Bills of Particulars are annexed hereto as Exhibit and "E") 5. A Preliminary Conference was held on February 26, 2021 (a copy of the Preliminary Conference Order is annexed hereto as Exhibit "F"). 6. Thereafter, our office was served with a copy of a Third-Party complaint dated March 31, 2021 from Defendant HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC'S naming J.K.S., INC. d/b/a J&K LANDSCAPING as Third-Party defendant as a result of a lawn maintenance agreement between the parties at H.OLIDAY VILLAS AT OAKWOOD, particularly the common grounds located near 21 Garth Court. (Copies of the Third-Party complaint and Lawn Maintenance Agreement are annexed herewith "G" !| as Exhibit and "H") 7. Therefore, Plaintiff's counsel is asking for the leave of this Court to serve and LANDSCAPING," file an Amended Complaint to include "J.K.S., INC. d/b/a J&K as an additional party Defendant in this action. 8. It is well established that CPLR 3025 (b) indicates that "leave shall be freely given..." for the amendment of pleadings. As set forth in Leutloff v. Leutloff, 47 Misc. 2d 458, 262 NYS2d 736 (1965), "this section is to be liberally construed to permit pleadings to be advantage." amended, in the absence of laches, undo prejudice and unfair In the instant case, aw orecas allowing the Plaintiff to amend the complaint to add "J.K.S., INC. d/b/a J&K CHELLI & BUSM I I 49 NEWDORPI.ANE STATEN ISLANO. NJ. LANDSCAPING" as an additional Defendant at this time will cause no undo prejudice and 1osoe (71 8) 987-8 444 rAx m si sev.e re7 unfair advantage to ann in Es action ..........-. FILED: . ..... ....-.... RICHMOND -....... COUNTY -.... CLERK - 08/08/2022 08/03/2022 -, --, -,,-... ...- 01:41 09:26. - - AM PM ...., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. N0, NO. 43 105 137 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/22/3021 08/08/2022 08/03/2022 9. Furthermore, ithas been commonly held that where a Plaintiff does not seek to amend his complaint to add any new facts to the case, but seeks only to add a new ground or theory in support of his claim, this is all the more reason to grant the amendment. See Rife v. Union College, 30 A.D.2d 504, 294 N.Y.S.2d 460 (1968), where the Court granted the amendment where the amended complaint did not propose to add "any new, unknown or unalleged facts in the amended complaint, but at most has merely set forth an additional theory alleged." of the law based upon the facts formerly 10. In the instant case, the Amended Complaint does not contain any new causes of action, but itsimply adds additional defendant, J.K.S., INC. d/b/a J&K LANDSCAPING, who allegedly constructed the building, particularly the subject interior steps, at the location of the accident. Therefore, Plaintiff's counsel is asking for the permission of this Court to amend LANDSCAP1NG" summons and complaint to name "J.K.S., INC. d/b/a J&K as a party Defendant. (A copy ofthe proposed supplemental summons and amended complaint, reflecting LANDSCAPING" "J.K.S., INC. d/b/a J&K as an additional Defendant is annexed hereto as Exhibit "I"). LAW OFFICES CHELU & BUSH I 49 NEWDORPLANE STATEN ISLAND.N.Y, 10806 (7I B) 987-8444 FAX f71 B) 667-8I81 .....-.... FILED: . ..- RICHMOND...-..- ---... COUNTY . -.... CLERK - - 08/08/2022 08/03/2022 , --., -...... ...- 01:41 09:26 . -,, AM PM ..., INDEX NO. 152018/2020 NY S CE F DOC . No . 43 NY S CE F: RE CE I VE D NYSCEF: 06/22/2021 NYSCEF DOC. NO. 105 137 RECEIVED 08/08/2022 08/03/2022 11. The amended caption should read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X Index No. 152018/2020 Plaintiff, - against - HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC, CHRISTINA FALGIANO AND J.K.S., INC. d/b/a J&K LANDSCAPING, Defendant. X HOLDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC, Third-Patty Plaintiff, - against - J.K.S., INC. d/b/a J&K LANDSCAPING, Third-Party Defendant. X 12. Clearly, allowing the Plaintiff to amend the complaint to name "J.K.S., INC. LANDSCAPING" d/b/a J&K as an additional Defendant, does not in any way prejudice against the Defendant, nor does itpropose to add a new, unknown or unalleged facts. As such leave should be granted by the Court to the Plaintiff to serve and file the amended summons and complaint in this action. 13. Consequently, Plaintiff's counsel is asking for the permission to serve and file LANDSCAPING," an Amended Complaint to add in "J.K.S., INC. d/b/a J&K as a Defendant. 14. The statute of limitations against Defendant, "J.K.S., INC. d/b/a J&K LAW OH1CES LANDSCAPING" has not run. CHE LLI & BUSH 149 NEWDORP LANE SWEN S MD.N.Y. 15. There is no prejudice accruing to either party as against the other should 1718) 987-8444 FAX (7 1B) 667-S1 87 Plaintiff's motion be granted, as requested herein. ..--- FILED: . ..... RICHMOND ....- COUNTY ---...... --.... CLERK 08/08/2022 08/03/2022 - - , ...., - - - - 01:41 09:26 ......- - AM PM ..., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO NO. 43 105 137 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/22/;!021 08/03/2022 08/08/2022 ". WHEREFORE, your affirmant respectfully requests an order 1) granting leave of Court to serve and filean Amended Complaint, and that the Amended Complaint be deemed served on Defendants as all pardes being served with the instant motion have appeared by counsel; 2) amending the caption, and for such other further relief as this Court deems just and proper. Dated: Staten Island, New York June 22, 2021 Marvin O. Uwangue LAWOFFICES CHELL1 & BUSH I49 NEWDORPLANE 5TATEN ISLAND, N.Y. I0806 (71 8) 987-8444 FAX (7 I 9) 667.8 L87 FILED: RICHMOND COUNTY CLERK 08/03/2022 08/08/2022 09:26 01:41 AM PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 57 KELE1VEU N YSCEF : U// L / / Z UZ NYSCEF DOC. NO. 105 137 At IAS I )1M RECEIVED of NYSCEF: the Supreme Coun ofthe08/08/2022 08/03/2022 New State of York, held in and for the County of Richmond, at the Courthouse, locatedinStatenIsland,City New and State of York on the 27*day of hty 2021 PRESENT: HON. LIZETTE COLON, JSC Motion Seq# 001 ----------------------------------------------------Ç ORDER VICTOR CALDERON PlaintifT(s), INDEX NO. 152018/2020 -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNESS ASSOCIATION, INC.et al Defendant(s) Papers Numbered (NY5CEF) Notice of Motioi•Order to Show Cause And Affidavits Annexed (Alfirmations) 42-53 AnsweringAfBdavit(Affirmation) Reply Amdavit(Affumation) Aflidavit (Afarmation) Virtual oral arguments held 7-27-2I via Microsoft Teams. Plaintiff s motion to file and serve an amended complaint and amend the caption (MS# 0.01), without opposition, is hereby granted. The amended complaint isdeemed filed and served. Defendants to fileamended answer within 30 days. Compliance conference adjourned to 9-10-21. E R HON. I N, JSC VirtualAppearances: Marvin Uwangue, Esq. for Plaintiff Angelo Bianco, Esq. for Defendant James Miller, Esq.. for Defendant Sandra LePorin, Esq. forDefendant