On March 10, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Margo Padgett,
and
Csbw Realty Corp.,
for Torts - Other Negligence (fall accident)
in the District Court of Tioga County.
Preview
FILED: TIOGA COUNTY CLERK 10/28/2022 10:54 AM INDEX NO. 2022-00062405
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
MARGO L. PADGETT,
Plaintiff NOTICE OF MOTION
-against- INDEX NO.: 2022-00062405
CSBW REALTY CORP.,
Defendant
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Thomas E.
dated October with Exhibits A - and all prior pleadings and
Schimmerling, Esq., 27, 2022, E,
proceedings heretofore had herein, the undersigned will move this Court at an IAS part at the
Supreme Court, Tioga County, located at the Tioga County Courthouse, 21 Court Street, Owego,
New York, before the Hon. Oliver N. Blaise, III, on the 9th day of December, 2022, on
submission, or as soon thereafter as counsel can be heard for an Order:
1. Pursuant to CPLR §3215(a), directing that a Default Judgment be entered against
the Defendant on the issue of negligence, and
2. Setting this matter down for an immediate inquest in favor of the Plaintiff
assessing damages; and
3. For such other, further and different relief as to this Court may seem just and
proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to
the return date of this motion.
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FILED: TIOGA COUNTY CLERK 10/28/2022 10:54 AM INDEX NO. 2022-00062405
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2022
Dated: Endicott, New York
October 27, 2022
Thomas E. SchinHierling, Esq.
SCHIMMERLING INJURY LAW OFFICES
Attorney for Plaintiff
102 West Main Street
Endicott, New York 13760
(607) 785-8888
TO: Via First Class Mail:
CSBW Realty Corp.
20 Robert Pitt Drive
Monsey, NY 10952
CSBW Realty Corp.
71 Route 59 Ste B
Monsey, NY 10952
Benjamin Weber
74 Brewer Road
Monsey, New York 10952
2 of 2
Document Filed Date
October 28, 2022
Case Filing Date
March 10, 2022
Category
Torts - Other Negligence (fall accident)
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Preview
FILED: TIOGA COUNTY CLERK 10/28/2022 10:54 AM INDEX NO. 2022-00062405 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA MARGO L. PADGETT, Plaintiff NOTICE OF MOTION -against- INDEX NO.: 2022-00062405 CSBW REALTY CORP., Defendant PLEASE TAKE NOTICE, that upon the annexed Affirmation of Thomas E. dated October with Exhibits A - and all prior pleadings and Schimmerling, Esq., 27, 2022, E, proceedings heretofore had herein, the undersigned will move this Court at an IAS part at the Supreme Court, Tioga County, located at the Tioga County Courthouse, 21 Court Street, Owego, New York, before the Hon. Oliver N. Blaise, III, on the 9th day of December, 2022, on submission, or as soon thereafter as counsel can be heard for an Order: 1. Pursuant to CPLR §3215(a), directing that a Default Judgment be entered against the Defendant on the issue of negligence, and 2. Setting this matter down for an immediate inquest in favor of the Plaintiff assessing damages; and 3. For such other, further and different relief as to this Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion. 1 of 2 FILED: TIOGA COUNTY CLERK 10/28/2022 10:54 AM INDEX NO. 2022-00062405 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/28/2022 Dated: Endicott, New York October 27, 2022 Thomas E. SchinHierling, Esq. SCHIMMERLING INJURY LAW OFFICES Attorney for Plaintiff 102 West Main Street Endicott, New York 13760 (607) 785-8888 TO: Via First Class Mail: CSBW Realty Corp. 20 Robert Pitt Drive Monsey, NY 10952 CSBW Realty Corp. 71 Route 59 Ste B Monsey, NY 10952 Benjamin Weber 74 Brewer Road Monsey, New York 10952 2 of 2