On September 30, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Keith Lerner,
Maria Lerner,
and
Lincoln D. Elliot,
Sean A. Mclaughlin,
Strickly Suffolk, Inc.,
Town Of Oyster Bay,
for Torts - Motor Vehicle
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 08/07/2020 03:40 PM INDEX NO. 607333/2020
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
MARIA LERNER and KEITH LERNER, Index No. 607333/2020
Plaintiff(s),
- against - NOTICE
OF MOTION
SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY,
LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC.
Defendant(s).
______- --- x
PLEASE TAKE NOTICE, that upon the annexed affirmation of Jeff R. Thomas, Esq.
dated August 7, 2020, and the exhibits annexed thereto; and upon all the pleadiñgs and proceedings
heretofore had herein, the defendants LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC.
will move this Court at an Individual Assigmñcñt Part at the Courthouse located at Motion Support
8th
Office, 100 Supremc Court Drive, Mineola, New York 11501 on the day of September, 2020
at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an
Order pursuant to CPLR §3212, granting defendants LINCOLN D. ELLIOTT and STRICKLY
SUFFOLK, INC. summary judgment dismissing the complaiñt and all cross-claims on the grounds
that plaintiffs MARIA LERNER and KEITH LERNER have failed to establish liability on the part
of the moving defendants for this accident and granting such other and further relief as this Court
deems just and proper.
1 of 2
FILED: NASSAU COUNTY CLERK 08/07/2020 03:40 PM INDEX NO. 607333/2020
.
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/07/2020
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
papers, if any, are to be served upon the undersigned at least seven (7) days prior to the return date.
Dated: New York, New York
August 7, 2020
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Jeff Thomas, Esq.
Attorneys for Deféñdañts
LINCOLN D. ELLIOTT and
STRICKLY SUFFOLK, INC.
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
File No.: PIC-2020-001
TO: JOHN J. GUADAGNO, P.C.
Attorney for Plaintiffs
MARIA LERNER
and KEITH LERNER
2nd
96 East Main Street, FlOOr
East Islip, New York, 11730
(631) 224-2796
JOSEPH NOCELLA,
Town Attorney
Attorney for Defendants
SEAN A. MCLAUGHLIN
and TOWN OF OYSTER BAY
54 Audrey Avenue
Oyster Bay, New York 11771
(516) 624-6150
2 of 2
Document Filed Date
August 07, 2020
Case Filing Date
September 30, 2019
Category
Torts - Motor Vehicle
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FILED: NASSAU COUNTY CLERK 08/07/2020 03:40 PM INDEX NO. 607333/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x MARIA LERNER and KEITH LERNER, Index No. 607333/2020 Plaintiff(s), - against - NOTICE OF MOTION SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY, LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC. Defendant(s). ______- --- x PLEASE TAKE NOTICE, that upon the annexed affirmation of Jeff R. Thomas, Esq. dated August 7, 2020, and the exhibits annexed thereto; and upon all the pleadiñgs and proceedings heretofore had herein, the defendants LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC. will move this Court at an Individual Assigmñcñt Part at the Courthouse located at Motion Support 8th Office, 100 Supremc Court Drive, Mineola, New York 11501 on the day of September, 2020 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR §3212, granting defendants LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC. summary judgment dismissing the complaiñt and all cross-claims on the grounds that plaintiffs MARIA LERNER and KEITH LERNER have failed to establish liability on the part of the moving defendants for this accident and granting such other and further relief as this Court deems just and proper. 1 of 2 FILED: NASSAU COUNTY CLERK 08/07/2020 03:40 PM INDEX NO. 607333/2020 . NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/07/2020 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers, if any, are to be served upon the undersigned at least seven (7) days prior to the return date. Dated: New York, New York August 7, 2020 Yours etc., GALLO VITUCCI KLAR LLP By: Jeff Thomas, Esq. Attorneys for Deféñdañts LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC. 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 File No.: PIC-2020-001 TO: JOHN J. GUADAGNO, P.C. Attorney for Plaintiffs MARIA LERNER and KEITH LERNER 2nd 96 East Main Street, FlOOr East Islip, New York, 11730 (631) 224-2796 JOSEPH NOCELLA, Town Attorney Attorney for Defendants SEAN A. MCLAUGHLIN and TOWN OF OYSTER BAY 54 Audrey Avenue Oyster Bay, New York 11771 (516) 624-6150 2 of 2