Preview
FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Plaintiff, IndexNo.: 155570/16
-against-
ORDER WITH NOTICE
THIRD AVENUE TOWER OWNER et al. OF ENTRY
Defendants.
SIRS:
PLEASE TAKE NOTICE that the within is a true copy of an Order dated November 12,
2019 and duly entered in the office of the clerk of the within named Court on November 12,
2019.
Dated: New York, New York
November 19, 2019
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant/Third-Party
Defendant
G&S CONCEPTS,INC.
61 Broadway - Suite 2000
New York, NY 10006
212.233.7195 _
KEVIN G. MESCALL
SACKSTEIN,SACKSTEIN & LEE
Attorneysfor Plaintiff
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
516.248.2234
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FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019
LEWIS BRISBOIS BISGAARD & SMITH
Attorneysfor Defendant
CLUNE CONSTRUCTION COMPANY, LP.
11 Water Street, Suite 2100
New York, New York 10038
212.232.1393
EUSTACE, MARQUEZ,EPSTEIN,
PREZIOSO & YAPCHANYK
Attorneysfor Defendant
THIRD AVENUE TOWER OWNER, LLC
Attorneys for Defendant/Third-Party Plaintiff
POLSINELLI, PC
55 Water Street, 29^'' Floor
New York, New York 10041
212.612.4200
LAW OFFICE OF TOBAIS & KUHN
Attorneysfor Defendant
CONCEPTS FOR BUSINESS, LLC
100 William Street, Suite 902
New York, New York 10038
212.553.8700
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FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019
FILED: NEW YORK "COUNTY" CLERK 11/12/2019 03:44 PMl 155570/2016
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 11/12/2019
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
ROW.ARLENEP.BLUTH
PRESENT: PART
Justice
INDEX NO
MOTION DATE
MOTION SEQ. NO.
"yXirc) â–
The following papers, numbered 1 to , were read on tills motion to/for.
Notice of Motion/Order to Show Cause — Affidavits — Exhibits iNofsl.,
|No(s}. UV-lSy
Answering Affidavits — Exhibits I No(s)..
Replying Affidavits |No(s}. ihT
upon
Upon the foregoing papers, it is ordered that this motion is \ r } a /" C /* J
0. fic sMf fell ^
/) •. X - r<: frrLSccJeJ^
C^Se^stJ^
U.J»-If. ftja frS'i
a\^C\o^fKi iTnpri) cldUrtVj
Dated: in .-) /C r.s.c.
/2-;7-/7 BLUT-?
1. CHECK ONE: â–¡ CASE DISPOSED -=^IN0N-F1NAL DISPOSITION
2. CHECK AS APPROPRIATE: MOTION IS: -gJoRANTED â–¡ DENIED â–¡ GRANTED IN PART [1 OTHER
3. CHECK IF APPROPRIATE: â–¡ SETTLE ORDER â–¡ SUBMIT ORDER
â–¡ do NOT POST â–¡ FIDUCIARY APPOINTMENT â–¡ REFERENCE
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FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019
AFFIDAVIT OF SERVICE
Sherri Izzo, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in Richmond
County, New York.
That on the 20'^ day of November, 2019 deponent served the within ORDER WITH NOTICE
OF ENTRY (1) by electronic filing upon all parties as appearing on the Supreme Court, State of New
York Electronic Filing Website at the email addresses designated by said parties, and (2) by United States
Postal Service at the address designated by said attomey(s) for that purpose by depositing a true copy of
same enclosed in a post-paid, properly addressed wrapper, in a post-office official depository under the
exclusive care and custody of the United States Postal Service within the State ofNew York:
Certified Mail Return Receipt
Requested and Regular Mail;
SACKSTEIN,SACKSTEIN & LEE
Attorneysfor Plaintiff
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
LEWIS BRISBOIS BISGAARD & SMITH
Attorneysfor Defendant
CLUNE CONSTRUCTION COMPANY, L.P.
11 Water Street, Suite 2100
New York, New York 10038
EUSTACE, MARQUEZ,EPSTEIN,
PREZIOSO & YAPCHANYK
Attorneysfor Defendant
THIRD A VENUE TOWER OWNER, LLC
Attorneysfor Defendant/Third-Party Plaintiff
POLSINELLI, PC
55 Water Street, 29"' Floor
New York, New York 10041
LAW OFFICE OF TOBAIS & KUHN
Attorneysfor Defendant
CONCEPTS FOR BUSINESS. LLC
100 William Street, Suite 902
New York, New York 10038
Sherri Izzi
Sworn to before me this
20"* day of NovemE&r,2019
JOAfsJNE
Notary Public, Stsl^f New York
No. 01ME6110844
Qualified in Suffolk County /) H
Commission Expires June 01, 20
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Preview
FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Plaintiff, IndexNo.: 155570/16 -against- ORDER WITH NOTICE THIRD AVENUE TOWER OWNER et al. OF ENTRY Defendants. SIRS: PLEASE TAKE NOTICE that the within is a true copy of an Order dated November 12, 2019 and duly entered in the office of the clerk of the within named Court on November 12, 2019. Dated: New York, New York November 19, 2019 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant/Third-Party Defendant G&S CONCEPTS,INC. 61 Broadway - Suite 2000 New York, NY 10006 212.233.7195 _ KEVIN G. MESCALL SACKSTEIN,SACKSTEIN & LEE Attorneysfor Plaintiff 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 516.248.2234 1 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019 LEWIS BRISBOIS BISGAARD & SMITH Attorneysfor Defendant CLUNE CONSTRUCTION COMPANY, LP. 11 Water Street, Suite 2100 New York, New York 10038 212.232.1393 EUSTACE, MARQUEZ,EPSTEIN, PREZIOSO & YAPCHANYK Attorneysfor Defendant THIRD AVENUE TOWER OWNER, LLC Attorneys for Defendant/Third-Party Plaintiff POLSINELLI, PC 55 Water Street, 29^'' Floor New York, New York 10041 212.612.4200 LAW OFFICE OF TOBAIS & KUHN Attorneysfor Defendant CONCEPTS FOR BUSINESS, LLC 100 William Street, Suite 902 New York, New York 10038 212.553.8700 2 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019 FILED: NEW YORK "COUNTY" CLERK 11/12/2019 03:44 PMl 155570/2016 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 11/12/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY ROW.ARLENEP.BLUTH PRESENT: PART Justice INDEX NO MOTION DATE MOTION SEQ. NO. "yXirc) ■The following papers, numbered 1 to , were read on tills motion to/for. Notice of Motion/Order to Show Cause — Affidavits — Exhibits iNofsl., |No(s}. UV-lSy Answering Affidavits — Exhibits I No(s).. Replying Affidavits |No(s}. ihT upon Upon the foregoing papers, it is ordered that this motion is \ r } a /" C /* J 0. fic sMf fell ^ /) •. X - r<: frrLSccJeJ^ C^Se^stJ^ U.J»-If. ftja frS'i a\^C\o^fKi iTnpri) cldUrtVj Dated: in .-) /C r.s.c. /2-;7-/7 BLUT-? 1. CHECK ONE: □ CASE DISPOSED -=^IN0N-F1NAL DISPOSITION 2. CHECK AS APPROPRIATE: MOTION IS: -gJoRANTED □ DENIED □ GRANTED IN PART [1 OTHER 3. CHECK IF APPROPRIATE: □ SETTLE ORDER □ SUBMIT ORDER □ do NOT POST □ FIDUCIARY APPOINTMENT □ REFERENCE 1 of 1 3 of 4 FILED: NEW YORK COUNTY CLERK 11/20/2019 02:48 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 166 RECEIVED NYSCEF: 11/20/2019 AFFIDAVIT OF SERVICE Sherri Izzo, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Richmond County, New York. That on the 20'^ day of November, 2019 deponent served the within ORDER WITH NOTICE OF ENTRY (1) by electronic filing upon all parties as appearing on the Supreme Court, State of New York Electronic Filing Website at the email addresses designated by said parties, and (2) by United States Postal Service at the address designated by said attomey(s) for that purpose by depositing a true copy of same enclosed in a post-paid, properly addressed wrapper, in a post-office official depository under the exclusive care and custody of the United States Postal Service within the State ofNew York: Certified Mail Return Receipt Requested and Regular Mail; SACKSTEIN,SACKSTEIN & LEE Attorneysfor Plaintiff 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 LEWIS BRISBOIS BISGAARD & SMITH Attorneysfor Defendant CLUNE CONSTRUCTION COMPANY, L.P. 11 Water Street, Suite 2100 New York, New York 10038 EUSTACE, MARQUEZ,EPSTEIN, PREZIOSO & YAPCHANYK Attorneysfor Defendant THIRD A VENUE TOWER OWNER, LLC Attorneysfor Defendant/Third-Party Plaintiff POLSINELLI, PC 55 Water Street, 29"' Floor New York, New York 10041 LAW OFFICE OF TOBAIS & KUHN Attorneysfor Defendant CONCEPTS FOR BUSINESS. LLC 100 William Street, Suite 902 New York, New York 10038 Sherri Izzi Sworn to before me this 20"* day of NovemE&r,2019 JOAfsJNE Notary Public, Stsl^f New York No. 01ME6110844 Qualified in Suffolk County /) H Commission Expires June 01, 20 4 of 4