On February 22, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
David Smith,
and
Alexis Leung,
Jared W Bernard,
Sophia Jaeger,
for Torts - Motor Vehicle
in the District Court of Greene County.
Preview
FILED: GREENE COUNTY CLERK 06/27/2022 02:28 PM INDEX NO. EF2021-125
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 06/27/2022
SUPREME COURT STATE OF NEW YORK
COUNTY OF GREENE
------------------------------------------------------------------------x
DAVID SMITH, NOTICE OF MOTION
FOR SUMMARY JUDGMENT
Plaintiff,
Assigned to: Hon. Adam
- against - Silverman
SOPHIA JAEGER, JARED W. BERNARD and ALEXIS Index No. EF2021-125
LEUNG,
Defendants.
------------------------------------------------------------------------x
MOTION BY: Law Office of Brian D. Richardson
By: Susan J. Mitola, Esq.
Attorneys for the Defendants
Alexis Leung and Jared Bernard
210 Washington Avenue Ext, STE 104
Albany, New York 12203
518-456-0196
DATE, TIME AND PLACE: On the 29th day of July, 2022, at 9:30 a.m. of that
day or as soon thereafter as counsel can be heard at
the Courthouse located at 320 Main Street, Catskill,
NY 12414.
SUPPORTING PAPERS: The Affirmation of Susan J. Mitola, Esq., dated
June 27, 2022, the Memorandum of Law and the
annexed exhibits or the previously e-filed exhibits
referred to and upon all prior pleadings and
proceedings within.
RELIEF DEMANDED: For an Order granting the defendants, Alexis Leung
and Jared Bernard, summary judgment pursuant to
CPLR §3212 dismissing the complaint and all
cross-claims against them on the basis that they did
not breach any duty owed to the plaintiff, and,
therefore, are not a proximate cause of the subject
accident, and for such other and further relief as
deemed necessary and proper by this Court.
ANSWERING AFFIDAVITS: Pursuant to CPLR §2214(b), answering affidavits
are to be served upon the undersigned at least seven
(7) days prior to the return date of this motion.
1 of 2
FILED: GREENE COUNTY CLERK 06/27/2022 02:28 PM INDEX NO. EF2021-125
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 06/27/2022
Dated: Albany, New York
June 27, 2022
________________________________
By: Susan J. Mitola, Esq.
Attorneys for the Defendants
Alexis Leung and Jared Bernard
210 Washington Avenue Ext, STE 104
Albany, New York 12203
518-456-0196
Our File No: 21-0081657
To:
Mainetti & Mainetti Pc
Attorneys for the Plaintiff
130 N Front Street, Suite 300
Kingston, New York 12401-3741
845-600-0000
Law Office of Jennifer S. Adams
Attorneys for the Codefendant
Sophia Jaeger
1 Executive Boulevard
Suite 280
Yonkers, New York 10701
518-222-7906
2 of 2
Document Filed Date
June 27, 2022
Case Filing Date
February 22, 2021
Category
Torts - Motor Vehicle
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FILED: GREENE COUNTY CLERK 06/27/2022 02:28 PM INDEX NO. EF2021-125 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 06/27/2022 SUPREME COURT STATE OF NEW YORK COUNTY OF GREENE ------------------------------------------------------------------------x DAVID SMITH, NOTICE OF MOTION FOR SUMMARY JUDGMENT Plaintiff, Assigned to: Hon. Adam - against - Silverman SOPHIA JAEGER, JARED W. BERNARD and ALEXIS Index No. EF2021-125 LEUNG, Defendants. ------------------------------------------------------------------------x MOTION BY: Law Office of Brian D. Richardson By: Susan J. Mitola, Esq. Attorneys for the Defendants Alexis Leung and Jared Bernard 210 Washington Avenue Ext, STE 104 Albany, New York 12203 518-456-0196 DATE, TIME AND PLACE: On the 29th day of July, 2022, at 9:30 a.m. of that day or as soon thereafter as counsel can be heard at the Courthouse located at 320 Main Street, Catskill, NY 12414. SUPPORTING PAPERS: The Affirmation of Susan J. Mitola, Esq., dated June 27, 2022, the Memorandum of Law and the annexed exhibits or the previously e-filed exhibits referred to and upon all prior pleadings and proceedings within. RELIEF DEMANDED: For an Order granting the defendants, Alexis Leung and Jared Bernard, summary judgment pursuant to CPLR §3212 dismissing the complaint and all cross-claims against them on the basis that they did not breach any duty owed to the plaintiff, and, therefore, are not a proximate cause of the subject accident, and for such other and further relief as deemed necessary and proper by this Court. ANSWERING AFFIDAVITS: Pursuant to CPLR §2214(b), answering affidavits are to be served upon the undersigned at least seven (7) days prior to the return date of this motion. 1 of 2 FILED: GREENE COUNTY CLERK 06/27/2022 02:28 PM INDEX NO. EF2021-125 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 06/27/2022 Dated: Albany, New York June 27, 2022 ________________________________ By: Susan J. Mitola, Esq. Attorneys for the Defendants Alexis Leung and Jared Bernard 210 Washington Avenue Ext, STE 104 Albany, New York 12203 518-456-0196 Our File No: 21-0081657 To: Mainetti & Mainetti Pc Attorneys for the Plaintiff 130 N Front Street, Suite 300 Kingston, New York 12401-3741 845-600-0000 Law Office of Jennifer S. Adams Attorneys for the Codefendant Sophia Jaeger 1 Executive Boulevard Suite 280 Yonkers, New York 10701 518-222-7906 2 of 2