On July 30, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Sonia Campbell,
and
Dsv Spv 2 Llc,
Kaja Holdings 2 Llc,
Vision Property Management Llc,
for Torts - Other Negligence (premises liability)
in the District Court of Delaware County.
Preview
FILED: DELAWARE COUNTY CLERK 03/18/2022 03:43 PM INDEX NO. EF2021-622
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DELAWARE
X
SONIA CAMPBELL,
Plaintiff, Index No.: EF2021-622
-against- NOTICE OF MOTION
VISION PROPERTY MANAGEMENT, LLC, Return Date: 04/18/22
KAJA HOLDINGS 2, LLC; DSV SPV 2, LLC,
Defendants.
X
PLEASE TAKE NOTICE, that upon the annexed affirmation of Robert M. Drucker
dated March 18, 2022 and upon all the pleadings and prior proceedings had herein, the
undersigned will move this Court, at an IAS Part, located at 3 Court Street, Dehli, New York,
13753, on the 18th day of April 2022, or as soon thereafter as counsel can be heard, for an Order
dismissing plaintiff’s Summons and Complaint against defendants, VISION PROPERTY
MANAGEMENT, LLC and DSV SPV 2, LLC, pursuant to CPLR §3211 (a)(8) as this action is
void ab initio and a nullity since plaintiff failed to properly serve a Summons and Complaint
and/or Summons with Notice as required by the CPLR, together with such other and further
relief as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that answering papers are to be served upon the
1 of 2
FILED: DELAWARE COUNTY CLERK 03/18/2022 03:43 PM INDEX NO. EF2021-622
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/18/2022
undersigned within seven (7) days before the return date of this motion.
Dated: White Plains, New York
March 18, 2022
Yours, etc.,
FLEISCHNER POTASH LLP
By:________________________________
Robert M. Drucker, Esq.
Attorneys for Defendants
VISION PROPERTY MANAGEMENT
LLC, KAJA HOLDINGS 2, LLC and
DSV SPV 2, LLC
303 Old Tarrytown Road
White Plains, New York 10603
646-520-4200
Our File No.: 693-23184
TO: Brenton Dadey, Esq.
SCARZAFAVA, BASDEKIS & DADEY, PLLC
Attorneys for Plaintiff
48 Dietz Street – Suite C
Oneonta, New York 13820
2 of 2
Document Filed Date
March 18, 2022
Case Filing Date
July 30, 2021
Category
Torts - Other Negligence (premises liability)
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FILED: DELAWARE COUNTY CLERK 03/18/2022 03:43 PM INDEX NO. EF2021-622 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE X SONIA CAMPBELL, Plaintiff, Index No.: EF2021-622 -against- NOTICE OF MOTION VISION PROPERTY MANAGEMENT, LLC, Return Date: 04/18/22 KAJA HOLDINGS 2, LLC; DSV SPV 2, LLC, Defendants. X PLEASE TAKE NOTICE, that upon the annexed affirmation of Robert M. Drucker dated March 18, 2022 and upon all the pleadings and prior proceedings had herein, the undersigned will move this Court, at an IAS Part, located at 3 Court Street, Dehli, New York, 13753, on the 18th day of April 2022, or as soon thereafter as counsel can be heard, for an Order dismissing plaintiff’s Summons and Complaint against defendants, VISION PROPERTY MANAGEMENT, LLC and DSV SPV 2, LLC, pursuant to CPLR §3211 (a)(8) as this action is void ab initio and a nullity since plaintiff failed to properly serve a Summons and Complaint and/or Summons with Notice as required by the CPLR, together with such other and further relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that answering papers are to be served upon the 1 of 2 FILED: DELAWARE COUNTY CLERK 03/18/2022 03:43 PM INDEX NO. EF2021-622 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/18/2022 undersigned within seven (7) days before the return date of this motion. Dated: White Plains, New York March 18, 2022 Yours, etc., FLEISCHNER POTASH LLP By:________________________________ Robert M. Drucker, Esq. Attorneys for Defendants VISION PROPERTY MANAGEMENT LLC, KAJA HOLDINGS 2, LLC and DSV SPV 2, LLC 303 Old Tarrytown Road White Plains, New York 10603 646-520-4200 Our File No.: 693-23184 TO: Brenton Dadey, Esq. SCARZAFAVA, BASDEKIS & DADEY, PLLC Attorneys for Plaintiff 48 Dietz Street – Suite C Oneonta, New York 13820 2 of 2