On June 14, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Albert Young Individually And As Executor Of The Estate Of Lula Stevens,
Albert Young
Individually And As Executor Of The Estate Of Lula Stevens,
Ardith E Bulmahn Individually And As Administratix Of The Estate Of Lula Stevens,
Ardith E Bulmahn
Individually And As Administratix Of The Estate Of Lula Stevens,
Brenda Barnes Individually And As Administratix Of The Estate Of John Anthony Dobbins,
Brenda Barnes
Individually And As Administratix Of The Estate Of John Anthony Dobbins,
David Janusz Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
David Janusz
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Denise Clay Individually And As Administratix Of The Estate Of Randall Clay,
Denise Clay
Individually And As Administratix Of The Estate Of Randall Clay,
Diane Antkowiak Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Diane Antkowiak
Individually And As Co-Executor Of The Estate Of Leocadia Franusiak,
Thaddeus C Tomaka Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And As Executor Of The Estate Of Randall Clay,
Thaddeus C Tomaka
Individually And Executor Of The Estate Of Lillian Tomaka,
Velpo Johnson Iii Individually And As Executor Of The Estate Of Willie Lee Stewart,
Velpo Johnson Iii
Individually And As Executor Of The Estate Of Willie Lee Stewart,
and
Aryeh Richard Platschek,
Golden Living Centers Llc,
Jennifer G. Flannery, Erie County Public Administrator Of The Estate Of Wendy Hammond A K A Wendy Zacher Hammond A K A Wendy Zacher-Schmidt,
John Does 1-200,
Judy Landa,
Laura Zacher Otterbein,
Legacy Health Care Llc,
Moshe Steinberg,
Ridge View Manor Llc,
Robert Schuck,
Safire Care, Llc,
Safire Nursing And Rehabilitation Care Of Amherst, Llc,
Safire Rehabilitation Of Amherst, Llc,
Sheridan Manor Llc,
Solomon Abramczyk,
Williamsville Suburban Llc,
W Richard Zacher,
W Richard Zacher A K A Richard Zacher,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
STATE OF NEW YORK
SUPREME COURT :: COUNTY OF ERIE
RANDALL CLAY, and on behalf of all others similarly
situated; THADDEUS C. TOMAKA, Individually and as
Executor of the Estate of LILLIAN TOMAKA, and on
behalf of all others similarly situated;
ARDITH E. BULMAHN, Individually and as
Administratrix of the Estate of DONALD BULMAHN, and
on behalf of all others similarly situated;
LULA STEVENS, and on behalf of all others similarly
situated;
PATRICK DOBBINS, Individually and as Executor of the
Estate of JOHN DOBBINS, and on behalf of all others
similarly situated;
VELPO JOHNSON, JR., Individually and as Power of
Attorney for WILLIE STEWART, and on behalf of all
others similarly situated; and
DIANE ANTKOWIAK, and DAVID JANUSZ,
Individually and as Co-Executors of the Estate of
LEOCADIA FRANUSIAK,
Plaintiffs,
vs. NOTICE OF MOTION
Index #003907/2010
RIDGE VIEW MANOR, LLC;
WILLIAMSVILLE SUBURBAN, LLC; Hon. Frederick J. Marshall, J.S.C.
LEGACY HEALTH CARE, LLC;
RICHARD ZACHER; and
JOHN DOES 1-200
Defendants.
MOTION ON BEHALF OF: Defendants, WILLIAMSVILLE SUBURBAN,
LLC, and RIDGEVIEW MANOR LLC and by their
attorneys, Hurwitz & Fine, P.C.
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FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
DATE, TIME AND PLACE On September 7, 2021 at 9:30 a.m., or at a time
OF HEARING: and date to be determined by this Court, at a Special
Term of the Supreme Court held at Erie County
Supreme Court, Supreme Court Chambers, 92
Franklin Street, Part 5, Buffalo, NY 14202.
SUPPORTING PAPERS: Affidavit of Patrick B. Curran, Esq. with supporting
Exhibits.
RELIEF DEMANDED: An Order compelling Plaintiffs to provide (1) a
response to Defendants’ Demands for a Verified Bill
of Particulars and/or precluding Plaintiffs from
offering any evidence at trial in support of their
claims and (2) together with such other and further
relief as this Court deems just and proper.
GROUNDS FOR RELIEF CPLR §§ 3101, 3124, and 3126
DEMANDED:
NATURE OF ACTION: N.Y. Pub. Health Law §2801-d; breach of contract;
negligence.
PLEASE TAKE FURTHER NOTICE THAT pursuant to CPLR §2214(b), all
answering affidavits or papers, if any, are to be served upon the undersigned no later than seven
(7) days prior to the return date of this motion inasmuch as the moving party intends to file reply
papers.
DATED: Buffalo, New York
August 11, 2021
HURWITZ & FINE, P.C.
By: ___________________________
Patrick B. Curran, Esq.
Attorneys for Defendants
WILLIAMSVILLE SUBURBAN, LLC,
2
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FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
and RIDGEVIEW MANOR LLC
1300 Liberty Building
Buffalo, New York 14202
Telephone (716) 849-8900
TO: Jesse Drumm, Esq.
BROWN CHIARI, LLP
Attorneys for Plaintiffs
2470 Walden Avenue
Buffalo, New York 14225
(716) 681-7190
cc: Norman B, Viti, Jr., Esq.
GIBSON, MCASKILL & CROSBY, LLP
Attorneys for Defendants
LEGACY HEALTH CARE, LLC and
RICHARD ZACHER
69 Delaware Avenue, Suite 900
Buffalo, NY 14202
(716) 856-4200
3
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Preview
FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 STATE OF NEW YORK SUPREME COURT :: COUNTY OF ERIE RANDALL CLAY, and on behalf of all others similarly situated; THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA, and on behalf of all others similarly situated; ARDITH E. BULMAHN, Individually and as Administratrix of the Estate of DONALD BULMAHN, and on behalf of all others similarly situated; LULA STEVENS, and on behalf of all others similarly situated; PATRICK DOBBINS, Individually and as Executor of the Estate of JOHN DOBBINS, and on behalf of all others similarly situated; VELPO JOHNSON, JR., Individually and as Power of Attorney for WILLIE STEWART, and on behalf of all others similarly situated; and DIANE ANTKOWIAK, and DAVID JANUSZ, Individually and as Co-Executors of the Estate of LEOCADIA FRANUSIAK, Plaintiffs, vs. NOTICE OF MOTION Index #003907/2010 RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; Hon. Frederick J. Marshall, J.S.C. LEGACY HEALTH CARE, LLC; RICHARD ZACHER; and JOHN DOES 1-200 Defendants. MOTION ON BEHALF OF: Defendants, WILLIAMSVILLE SUBURBAN, LLC, and RIDGEVIEW MANOR LLC and by their attorneys, Hurwitz & Fine, P.C. 1 of 3 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 DATE, TIME AND PLACE On September 7, 2021 at 9:30 a.m., or at a time OF HEARING: and date to be determined by this Court, at a Special Term of the Supreme Court held at Erie County Supreme Court, Supreme Court Chambers, 92 Franklin Street, Part 5, Buffalo, NY 14202. SUPPORTING PAPERS: Affidavit of Patrick B. Curran, Esq. with supporting Exhibits. RELIEF DEMANDED: An Order compelling Plaintiffs to provide (1) a response to Defendants’ Demands for a Verified Bill of Particulars and/or precluding Plaintiffs from offering any evidence at trial in support of their claims and (2) together with such other and further relief as this Court deems just and proper. GROUNDS FOR RELIEF CPLR §§ 3101, 3124, and 3126 DEMANDED: NATURE OF ACTION: N.Y. Pub. Health Law §2801-d; breach of contract; negligence. PLEASE TAKE FURTHER NOTICE THAT pursuant to CPLR §2214(b), all answering affidavits or papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return date of this motion inasmuch as the moving party intends to file reply papers. DATED: Buffalo, New York August 11, 2021 HURWITZ & FINE, P.C. By: ___________________________ Patrick B. Curran, Esq. Attorneys for Defendants WILLIAMSVILLE SUBURBAN, LLC, 2 2 of 3 FILED: ERIE COUNTY CLERK 08/11/2021 03:04 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021 and RIDGEVIEW MANOR LLC 1300 Liberty Building Buffalo, New York 14202 Telephone (716) 849-8900 TO: Jesse Drumm, Esq. BROWN CHIARI, LLP Attorneys for Plaintiffs 2470 Walden Avenue Buffalo, New York 14225 (716) 681-7190 cc: Norman B, Viti, Jr., Esq. GIBSON, MCASKILL & CROSBY, LLP Attorneys for Defendants LEGACY HEALTH CARE, LLC and RICHARD ZACHER 69 Delaware Avenue, Suite 900 Buffalo, NY 14202 (716) 856-4200 3 3 of 3