On June 09, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Scott Usa, Inc.,
and
Advance Cyclery, Inc.,
Richard Wright,
for Other Matters - Contract - Other
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 01/21/2022 12:30 PM INDEX NO. 005287/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/21/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
SCOTT USA INC. NO ORAL ARGUMENT
REQUESTED
Plaintiff, N_OTLCE_QF MOTION
-vs-
Index No: 005287/2021
ADVANCE CYCLERY, INC.
RICHARD WRIGHT
Defendants.
MOTION BY: Plaintiff, SCOTT USA INC., by Lacy Katzen LLP, Legacy Tower, 600
Bausch & Lomb Place, P.O. Box 22878, Rochester, New York 14692-
2878.
DATE, TIME AND , at a.m./p.m., at Supreme Court,
PLACE OF MOTION: 401 Montgomery Street, Syracuse NY 13202 before the Presiding
Justice.
RELIEF DEMANDED: An Order pursuant to CPLR 3212 for Summary Judgment against
Defendants in the amount of $47,758.07 which represents a principal
balance of $24,393.21 and interest at the rate of 21% per annum through
October 13, 2020, in the amount of $23,365.49, plus additional interest
from October 14, 2020 on the principal balance of $24,393.21 at the rate
of 21% per annum, together with attorney's fees as deemed reasonable
by the Court, plus the costs and disbursements of this action and for such
other and further relief as the Court deems just and proper under the
circumstances.
SUPPORTING PAPERS: Affidavit of Tiah Green sworn to on December 8, 2021 and Attorney
Affirmation of Mark H. Stein dated January _p , 2022.
PLEASE TAKE NOTICE that answering affidavits and any notice of cross n:ction, with
supporting papers, must be served upon Plaintiff's attorneys at least 7 days before the date of this
Motion pursuant to CPLR §2214(b).
Dated: January , 2022
Rochester, New York
Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailing Address: P.O. Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
1 of 2
FILED: ONONDAGA COUNTY CLERK 01/21/2022 12:30 PM INDEX NO. 005287/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/21/2022
TO: Anthony C. Galli, Esq.
Sheats & Bailey, PLLC
Attorneys for Defendant
P.O. Box 586
Liverpool, NY 13088
2
2 of 2
Document Filed Date
January 21, 2022
Case Filing Date
June 09, 2021
Category
Other Matters - Contract - Other
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Preview
FILED: ONONDAGA COUNTY CLERK 01/21/2022 12:30 PM INDEX NO. 005287/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/21/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA SCOTT USA INC. NO ORAL ARGUMENT REQUESTED Plaintiff, N_OTLCE_QF MOTION -vs- Index No: 005287/2021 ADVANCE CYCLERY, INC. RICHARD WRIGHT Defendants. MOTION BY: Plaintiff, SCOTT USA INC., by Lacy Katzen LLP, Legacy Tower, 600 Bausch & Lomb Place, P.O. Box 22878, Rochester, New York 14692- 2878. DATE, TIME AND , at a.m./p.m., at Supreme Court, PLACE OF MOTION: 401 Montgomery Street, Syracuse NY 13202 before the Presiding Justice. RELIEF DEMANDED: An Order pursuant to CPLR 3212 for Summary Judgment against Defendants in the amount of $47,758.07 which represents a principal balance of $24,393.21 and interest at the rate of 21% per annum through October 13, 2020, in the amount of $23,365.49, plus additional interest from October 14, 2020 on the principal balance of $24,393.21 at the rate of 21% per annum, together with attorney's fees as deemed reasonable by the Court, plus the costs and disbursements of this action and for such other and further relief as the Court deems just and proper under the circumstances. SUPPORTING PAPERS: Affidavit of Tiah Green sworn to on December 8, 2021 and Attorney Affirmation of Mark H. Stein dated January _p , 2022. PLEASE TAKE NOTICE that answering affidavits and any notice of cross n:ction, with supporting papers, must be served upon Plaintiff's attorneys at least 7 days before the date of this Motion pursuant to CPLR §2214(b). Dated: January , 2022 Rochester, New York Mark H. Stein, Esq. Lacy Katzen LLP Attorneys for Plaintiff Legacy Tower, 600 Bausch & Lomb Place Mailing Address: P.O. Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 1 of 2 FILED: ONONDAGA COUNTY CLERK 01/21/2022 12:30 PM INDEX NO. 005287/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/21/2022 TO: Anthony C. Galli, Esq. Sheats & Bailey, PLLC Attorneys for Defendant P.O. Box 586 Liverpool, NY 13088 2 2 of 2