On June 29, 2021 a
Order
was filed
involving a dispute between
Pb-72 Doe,
and
Joseph Gutowski,
Karate Joe'S Family Karate Centers,
Orchard Park Central School District,
for Torts - Child Victims Act
in the District Court of Erie County.
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(FILED: ERIE COUNTY CLERK 0272472022 11:09 AM INDEX NO. 808520/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/24/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
ae EEE p Edo b >be erbocbrrrrcopoook
PB-72 DOE Plaintiff,
ORDER
Vv.
ORCHARD PARK CENTRAL scHoo. [dex No. 808520/2021
DISTRICT,
KARATE JOE'S FAMILY KARATE CENTERS
And] OSEPH (J OE) GUTOWSKI
Defendants.
ae EEE p Edo b >be erbocbrrrrcopoook
Defendant KARATE JOE’S FAMILY KARATE CENTERS and JOSEPH
(JOE) GUTOWSKI moved to dismiss Plaintiffs Complaint pursuant to CPLR 3211
all causes of action and claims for punitive damages;
WHEREAS, in support of that motion, the defendants Karate Joe’s Family
Karate Centers and J oseph (J oe) Gutowski by and through their attorney, J ason C.
Luna, PLLC submitted a Notice of Motion dated September 21, 2021, Attorney
Affirmation of Jason C. Luna, Esq. and Affidavit of Joseph Gutowski, dated
September 28, 2021; and
WHEREAS, in response to the Defendants Karate Joe’s Family Karate Centers and
oseph (J oe) Gutowski motion, Plaintiff by and through her attorneys, Phillips &
Paolicelli, LLP, submitted a Memorandum of Law in Opposition to Defendant’s
Motion to Dismiss and the Affirmation of Y itzchak Fogel, dated December 8, 2021,
WHEREAS, Defendants Karate Joe’s Family Karate Centers and Joseph (Joe)
Gutowski submitted a Reply Affirmation of Jason C. Luna (with exhibits) dated
December 14, 2021 in further support of the defendants Gutowski motion to dismiss;
and
WHEREAS, a hearing was held on the defendants Gutowski’s Motion to Dismiss on
December 15, 2021; and
WHEREAS, at the hearing J ustice Daniel Furlong, J .S.C. stated on the record that
he would not consider the Reply that was filed and submitted on December 14, 2021;
NOW, upon consideration of all of the papers, pleadings and materials submitted by
the parties, as set forth above and the arguments set forth at the hearing, and due
deliberations having been had, and after such due deliberation, the Court having
issued an oral decision on December 15, 2021; it is hereby
ORDERED, the defendants Gutowski’s Motion to Dismiss is DENIED.
1 of 2(FILED: ERIE COUNTY CLERK 0272472022 11:09 AM INDEX NO. 808520/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/24/2022
Hon. Daniel Furlong, .S.C.
ENTER: February 24, 2022
2 of 2
Document Filed Date
February 24, 2022
Case Filing Date
June 29, 2021
Category
Torts - Child Victims Act
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(FILED: ERIE COUNTY CLERK 0272472022 11:09 AM INDEX NO. 808520/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/24/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE ae EEE p Edo b >be erbocbrrrrcopoook PB-72 DOE Plaintiff, ORDER Vv. ORCHARD PARK CENTRAL scHoo. [dex No. 808520/2021 DISTRICT, KARATE JOE'S FAMILY KARATE CENTERS And] OSEPH (J OE) GUTOWSKI Defendants. ae EEE p Edo b >be erbocbrrrrcopoook Defendant KARATE JOE’S FAMILY KARATE CENTERS and JOSEPH (JOE) GUTOWSKI moved to dismiss Plaintiffs Complaint pursuant to CPLR 3211 all causes of action and claims for punitive damages; WHEREAS, in support of that motion, the defendants Karate Joe’s Family Karate Centers and J oseph (J oe) Gutowski by and through their attorney, J ason C. Luna, PLLC submitted a Notice of Motion dated September 21, 2021, Attorney Affirmation of Jason C. Luna, Esq. and Affidavit of Joseph Gutowski, dated September 28, 2021; and WHEREAS, in response to the Defendants Karate Joe’s Family Karate Centers and oseph (J oe) Gutowski motion, Plaintiff by and through her attorneys, Phillips & Paolicelli, LLP, submitted a Memorandum of Law in Opposition to Defendant’s Motion to Dismiss and the Affirmation of Y itzchak Fogel, dated December 8, 2021, WHEREAS, Defendants Karate Joe’s Family Karate Centers and Joseph (Joe) Gutowski submitted a Reply Affirmation of Jason C. Luna (with exhibits) dated December 14, 2021 in further support of the defendants Gutowski motion to dismiss; and WHEREAS, a hearing was held on the defendants Gutowski’s Motion to Dismiss on December 15, 2021; and WHEREAS, at the hearing J ustice Daniel Furlong, J .S.C. stated on the record that he would not consider the Reply that was filed and submitted on December 14, 2021; NOW, upon consideration of all of the papers, pleadings and materials submitted by the parties, as set forth above and the arguments set forth at the hearing, and due deliberations having been had, and after such due deliberation, the Court having issued an oral decision on December 15, 2021; it is hereby ORDERED, the defendants Gutowski’s Motion to Dismiss is DENIED. 1 of 2(FILED: ERIE COUNTY CLERK 0272472022 11:09 AM INDEX NO. 808520/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 02/24/2022 Hon. Daniel Furlong, .S.C. ENTER: February 24, 2022 2 of 2