On May 24, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Rochelle Menche And Pinchus Menche As Trustees Of The Solomon Menche Ilit,
and
The United States Life Insurance Co. In The City Of New York,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/14/2018 03:28 PM INDEX NO. 652830/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROCHELLE MENCHE and PINCHUS Index No. 652830/2017
MENCHE as trustees of the SOLOMON
MENCHE ILIT,
NOTICE OF MOTION
Plaintiffs,
-against- Mot. Seq. No. 002
THE UNITED STATES LIFE INSURANCE
CO. IN THE CITY OF NEW YORK.
Defendants.
PLEASE TAKE NOTICE that, upon the annexed affidavit of Karen Hite, dated
December 12, 2018, including exhibits; the affirmation of Kendall J. Burr, dated December 13,
2018, including exhibits; and the accompanying memorandum of law, The United State Life
Insurance Company in the City of New York (“U.S. Life”), by its undersigned attorneys, will
move this Court, in Motion Submission Part, 60 Centre Street, Room 130, New York, NY
10007, on January 2, 2019, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an
order pursuant to CPLR 3212, granting summary judgment in favor of U.S. Life.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers,
if any, shall be served not later than seven days before the return date of this motion.
Dated: New York, NY
December 14, 2018 /s/ Steven M. Lucks
FISHKIN LUCKS LLP
Steven M. Lucks
S. Aaron Loterstein
277 Broadway, Suite 408
New York, NY 10007
(646) 755-9200
slucks@fishkinlucks.com
aloterstein@fishkinlucks.com
00058686.1
1 of 2
FILED: NEW YORK COUNTY CLERK 12/14/2018 03:28 PM INDEX NO. 652830/2017
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/14/2018
-and-
MCDOWELL HETHERINGTON LLP
David T. McDowell (to be admitted pro hac vice)
Kendall J. Burr
First City Tower
1001 Fannin Street, Suite 2700
Houston, TX 77002
(713) 337-5580
david.mcdowell@mhllp.com
kendall.burr@mhllp.com
Attorneys for Defendant/Counterclaim Plaintiff
The United States Life Insurance Company in the
City of New York
00058686.1
2 of 2
Document Filed Date
December 14, 2018
Case Filing Date
May 24, 2017
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 12/14/2018 03:28 PM INDEX NO. 652830/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROCHELLE MENCHE and PINCHUS Index No. 652830/2017 MENCHE as trustees of the SOLOMON MENCHE ILIT, NOTICE OF MOTION Plaintiffs, -against- Mot. Seq. No. 002 THE UNITED STATES LIFE INSURANCE CO. IN THE CITY OF NEW YORK. Defendants. PLEASE TAKE NOTICE that, upon the annexed affidavit of Karen Hite, dated December 12, 2018, including exhibits; the affirmation of Kendall J. Burr, dated December 13, 2018, including exhibits; and the accompanying memorandum of law, The United State Life Insurance Company in the City of New York (“U.S. Life”), by its undersigned attorneys, will move this Court, in Motion Submission Part, 60 Centre Street, Room 130, New York, NY 10007, on January 2, 2019, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an order pursuant to CPLR 3212, granting summary judgment in favor of U.S. Life. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers, if any, shall be served not later than seven days before the return date of this motion. Dated: New York, NY December 14, 2018 /s/ Steven M. Lucks FISHKIN LUCKS LLP Steven M. Lucks S. Aaron Loterstein 277 Broadway, Suite 408 New York, NY 10007 (646) 755-9200 slucks@fishkinlucks.com aloterstein@fishkinlucks.com 00058686.1 1 of 2 FILED: NEW YORK COUNTY CLERK 12/14/2018 03:28 PM INDEX NO. 652830/2017 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 12/14/2018 -and- MCDOWELL HETHERINGTON LLP David T. McDowell (to be admitted pro hac vice) Kendall J. Burr First City Tower 1001 Fannin Street, Suite 2700 Houston, TX 77002 (713) 337-5580 david.mcdowell@mhllp.com kendall.burr@mhllp.com Attorneys for Defendant/Counterclaim Plaintiff The United States Life Insurance Company in the City of New York 00058686.1 2 of 2