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 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
DENISE CLAY, Individually and as Administratrix of the Estate of
RANDALL CLAY; THADDEUS C. TOMAKA, Individually and
as Executor of the Estate of LILLIAN TOMAKA; ALBERT
YOUNG, Individually and as Executor of the Estate of LULA
STEVENS; BRENDA BARNES, Individually and as
Administratrix De Bonis Non of the Estate of JOHN ANTHONY
DOBBINS; VELPO JOHNSON, III, Individually and as Executor NOTICE OF MOTION
of the Estate of WILLIE LEE STEWART; DIANE ANTKOWIAK
and DAVID JANUSZ, Individually and as Co-Executors of the Index No.: I2010/3907
Estate of LEOCADIA FRANUSIAK; and on behalf of all others
similarly situated, Hon. Frederick J.
Marshall, J.S.C.
Plaintiffs,
vs.
RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN,
LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER
(Incorrectly sued herein as RICHARD ZACHER); and JOHN
DOES 1-200,
Defendants.
DATE, TIME & PLACE OF On Tuesday, September 21, 2021 at 9:30 a.m.,
HEARING: or as soon thereafter as this Honorable Court is
available, at a Special Term of the New York State
Supreme Court, Erie County, 92 Franklin Street,
3rd Floor, Part 5, Buffalo, New York 14202.
SUPPORTING PAPERS: Attorney Affirmation of Norman B. Viti, Jr., Esq.,
dated August 25, 2021, together with the exhibits
annexed thereto, and all prior pleadings and
proceedings in these matters.
RELIEF DEMANDED: An Order, pursuant to Rules 3042(c), 3124 and
3126 of the New York Civil Practice Law and
Rules, compelling Plaintiffs, within twenty (20)
days of entry of said Order, to provide responses
to Defendants’ respective Demands for Verified
Bill of Particulars, dated June 17, 2020, served by
Defendants, W. RICHARD ZACHER (Incorrectly
sued herein as RICHARD ZACHER), LEGACY
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FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021
HEALTH CARE, LLC, and JOHN DOES 1-200
(“Defendants”), and further ordering that, in the
event the Plaintiffs fail to obey said Order to
provide a Verified Bill of Particulars, Plaintiffs
shall be precluded from offering any evidence in
any form, at any stage of this lawsuit, in support of
their claims or in opposition Defendants’ defenses
with regard to those matters about which discovery
has been sought or with respect to which discovery
responses have been requested; or, alternatively,
dismissing Plaintiff's Complaint for willful failure
to disclose information which ought to have been
disclosed; and directing such other and further
relief as this Court may deem just and proper.
GROUNDS FOR RELIEF: CPLR §§ 3042, 3124, and 3126
ORAL ARGUMENT: REQUESTED
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering
affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return
date of this motion as the moving party reserves the right to file reply papers.
DATED: Buffalo, New York
August 25, 2021
/s/ Norman B. Viti, Jr., Esq.
Norman B. Viti, Jr., Esq.
GIBSON, McASKILL & CROSBY, LLP
ATTORNEYS FOR DEFENDANTS
W. RICHARD ZACHER (Incorrectly sued
herein as RICHARD ZACHER),
LEGACY HEALTH CARE, LLC, and
JOHN DOES 1-200
69 Delaware Avenue, Suite 900
Buffalo, New York 14202
Telephone: (716) 856-4200
TO: Jesse A. Drumm, Esq.
BROWN CHIARI LLP
ATTORNEYS FOR PLAINTIFFS
2470 Walden Avenue
Buffalo, New York 14225
Telephone: (716) 681-7190
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FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021
CC: Patrick B. Curran, Esq.
HURWITZ & FINE, P.C.
ATTORNEYS FOR DEFENDANTS
RIDGE VIEW MANOR, LLC
WILLIAMSVILLE SUBURBAN, LLC
1300 Liberty Building
424 Main Street
Buffalo, New York 14202
Telephone: (716) 849-8900
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Preview
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE DENISE CLAY, Individually and as Administratrix of the Estate of RANDALL CLAY; THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA; ALBERT YOUNG, Individually and as Executor of the Estate of LULA STEVENS; BRENDA BARNES, Individually and as Administratrix De Bonis Non of the Estate of JOHN ANTHONY DOBBINS; VELPO JOHNSON, III, Individually and as Executor NOTICE OF MOTION of the Estate of WILLIE LEE STEWART; DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors of the Index No.: I2010/3907 Estate of LEOCADIA FRANUSIAK; and on behalf of all others similarly situated, Hon. Frederick J. Marshall, J.S.C. Plaintiffs, vs. RIDGE VIEW MANOR, LLC; WILLIAMSVILLE SUBURBAN, LLC; LEGACY HEALTH CARE, LLC; W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER); and JOHN DOES 1-200, Defendants. DATE, TIME & PLACE OF On Tuesday, September 21, 2021 at 9:30 a.m., HEARING: or as soon thereafter as this Honorable Court is available, at a Special Term of the New York State Supreme Court, Erie County, 92 Franklin Street, 3rd Floor, Part 5, Buffalo, New York 14202. SUPPORTING PAPERS: Attorney Affirmation of Norman B. Viti, Jr., Esq., dated August 25, 2021, together with the exhibits annexed thereto, and all prior pleadings and proceedings in these matters. RELIEF DEMANDED: An Order, pursuant to Rules 3042(c), 3124 and 3126 of the New York Civil Practice Law and Rules, compelling Plaintiffs, within twenty (20) days of entry of said Order, to provide responses to Defendants’ respective Demands for Verified Bill of Particulars, dated June 17, 2020, served by Defendants, W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER), LEGACY 1 of 3 FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021 HEALTH CARE, LLC, and JOHN DOES 1-200 (“Defendants”), and further ordering that, in the event the Plaintiffs fail to obey said Order to provide a Verified Bill of Particulars, Plaintiffs shall be precluded from offering any evidence in any form, at any stage of this lawsuit, in support of their claims or in opposition Defendants’ defenses with regard to those matters about which discovery has been sought or with respect to which discovery responses have been requested; or, alternatively, dismissing Plaintiff's Complaint for willful failure to disclose information which ought to have been disclosed; and directing such other and further relief as this Court may deem just and proper. GROUNDS FOR RELIEF: CPLR §§ 3042, 3124, and 3126 ORAL ARGUMENT: REQUESTED PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion as the moving party reserves the right to file reply papers. DATED: Buffalo, New York August 25, 2021 /s/ Norman B. Viti, Jr., Esq. Norman B. Viti, Jr., Esq. GIBSON, McASKILL & CROSBY, LLP ATTORNEYS FOR DEFENDANTS W. RICHARD ZACHER (Incorrectly sued herein as RICHARD ZACHER), LEGACY HEALTH CARE, LLC, and JOHN DOES 1-200 69 Delaware Avenue, Suite 900 Buffalo, New York 14202 Telephone: (716) 856-4200 TO: Jesse A. Drumm, Esq. BROWN CHIARI LLP ATTORNEYS FOR PLAINTIFFS 2470 Walden Avenue Buffalo, New York 14225 Telephone: (716) 681-7190 2 of 3 FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/25/2021 CC: Patrick B. Curran, Esq. HURWITZ & FINE, P.C. ATTORNEYS FOR DEFENDANTS RIDGE VIEW MANOR, LLC WILLIAMSVILLE SUBURBAN, LLC 1300 Liberty Building 424 Main Street Buffalo, New York 14202 Telephone: (716) 849-8900 3 of 3