Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS __
LEONARD C. LEWIS, AFFIRMATION IN
PARTIAL OPPOSITION
Plaintiffs,
Index No: 520719/17E
-against-
Honorable Justice
ALTON A. ELLIS and LUTHER M. RUFUS, Richard Velasquez
Defendants. Return Date: February 6, 2019
NANCY S. GOODMAN, ESQ., an attorney admitted to practice law before the Courts of
the State of New York, affirms the following to be true under penalties of perjury:
1. I am an attorney with the law finn of RICHARD T. LAU & ASSOCIATES,
attorneys of record for the defendant, Luther M. Rufus, and as such, am fully familiar with the
facts and circumstances surrounding this action, by virtue of a review of the file maintained in this
matter by this office.
2. I make this Affirmation in partial opposition to the Motion by plaintiff, Leonard C.
Lewis, seeking an Order pursuant to CPLR 3215(a) granting entry of a default judgment against
defendant, Alton A. Ellis, in this action.
3. Defendant, Luther M. Rufus, appeared in this action by service of an Answer and
Cross-Claim dated April 16, 2018, annexed hereto as Exhibit "A".
4. Your affirmant does not oppose the relief requested by the plaintiff for a default
judgment against the co-defendants, Alton A. Ellis, however, ifthe Court does grant such relief,it
respectfully requested that this Court hold the assessment of damages against defendant, Alton A.
Ellis, in abeyance until the conclusion of plaintiff s action against Luther M. Rufus so as to allow
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FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019
for the completion of discovery on the issue of damages as well as apportioñmêñt of damages as
between the parties.
WHEREFORE, it is respectfully requested that this Court issue an Order granting the
default judgmeñt against defendant, Alton A. Ellis, and hold the assessment of damages in
abeyance.
Dated: Jericho, New York
January 8, 2019
NAN Y S. ODMAN, ESQ.
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FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019
Index No: 520719/17E SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS
LEONARD C. LEWIS,
Plaintiff,
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendants.
AFFIRMATION IN PARTIAL OPPOSITION AND EXHIBIT
RICHARD T. LAU & ASSOCIATES
Attorneys for Defendant(s)
Luther M. Rufus
P. O. Box 9040
300 Jericho Quadrangle, Suite 260
Jericho, NY 11753
(516) 229-6000
Attorney Certification:
The undersigned, an attorney admitted to practice in the C s of New York State, certifies that, upon
information, belief and reasonable inquiry, the contentions cont in u i he above referenced document(s) are not
frivolous.
Dated: Jericho, New York
January 8, 2019 S. GOODMAN, ESQ.
To: All Parties Sincerely,
RICHARD T. LAU & ASSOCIATES
Attorney(s) for Defendant(s)
Luther M. Rufus
P. O. Box 9040
300 Jericho Quadrangle, Suite 260
Jericho, New York 11753
(516) 229-6000
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Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __ LEONARD C. LEWIS, AFFIRMATION IN PARTIAL OPPOSITION Plaintiffs, Index No: 520719/17E -against- Honorable Justice ALTON A. ELLIS and LUTHER M. RUFUS, Richard Velasquez Defendants. Return Date: February 6, 2019 NANCY S. GOODMAN, ESQ., an attorney admitted to practice law before the Courts of the State of New York, affirms the following to be true under penalties of perjury: 1. I am an attorney with the law finn of RICHARD T. LAU & ASSOCIATES, attorneys of record for the defendant, Luther M. Rufus, and as such, am fully familiar with the facts and circumstances surrounding this action, by virtue of a review of the file maintained in this matter by this office. 2. I make this Affirmation in partial opposition to the Motion by plaintiff, Leonard C. Lewis, seeking an Order pursuant to CPLR 3215(a) granting entry of a default judgment against defendant, Alton A. Ellis, in this action. 3. Defendant, Luther M. Rufus, appeared in this action by service of an Answer and Cross-Claim dated April 16, 2018, annexed hereto as Exhibit "A". 4. Your affirmant does not oppose the relief requested by the plaintiff for a default judgment against the co-defendants, Alton A. Ellis, however, ifthe Court does grant such relief,it respectfully requested that this Court hold the assessment of damages against defendant, Alton A. Ellis, in abeyance until the conclusion of plaintiff s action against Luther M. Rufus so as to allow 1 of 3 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019 for the completion of discovery on the issue of damages as well as apportioñmêñt of damages as between the parties. WHEREFORE, it is respectfully requested that this Court issue an Order granting the default judgmeñt against defendant, Alton A. Ellis, and hold the assessment of damages in abeyance. Dated: Jericho, New York January 8, 2019 NAN Y S. ODMAN, ESQ. 2 2 of 3 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/08/2019 Index No: 520719/17E SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS LEONARD C. LEWIS, Plaintiff, -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendants. AFFIRMATION IN PARTIAL OPPOSITION AND EXHIBIT RICHARD T. LAU & ASSOCIATES Attorneys for Defendant(s) Luther M. Rufus P. O. Box 9040 300 Jericho Quadrangle, Suite 260 Jericho, NY 11753 (516) 229-6000 Attorney Certification: The undersigned, an attorney admitted to practice in the C s of New York State, certifies that, upon information, belief and reasonable inquiry, the contentions cont in u i he above referenced document(s) are not frivolous. Dated: Jericho, New York January 8, 2019 S. GOODMAN, ESQ. To: All Parties Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Luther M. Rufus P. O. Box 9040 300 Jericho Quadrangle, Suite 260 Jericho, New York 11753 (516) 229-6000 3 of 3