On November 27, 2019 a
Motion-Secondary
was filed
involving a dispute between
Joseph Hertz,
and
Samuel Hertz
Individually, And As The Nominated Executor Of The Purported Last Will & Testament Of Mira Hertz, Dated November 26, 2008, And As Trustee Of The Mira Hertz Purported Revocable Trust Agreement, Dated November 26, 2008, Et Al.,
for Other Matters - Contract - Other
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 07/12/2021 10:51 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JOSEPH HERTZ,
AFFIRMATION IN REPLY
Plaintiff,
Index No. 526061-2019
-against-
IAS Part 66
(Velasquez, J.)
SAMUEL HERTZ, Individually, and as the
Nominated Executor of the Purported Last Will &
Testament of Mira Hertz, dated November 26, 2008,
and as Trustee of the Purported Mira Hertz Revocable
Trust Agreement, dated November 26, 2008, and as
Trustee of the Purported Mira Hertz Family Trust
Agreement, dated November 26, 2008,
Defendant.
JUSTIN M. PICCIONE, an attorney admitted to practice in the courts of the State of New
York, affirms the foregoing under the penalties of perjury:
1. I am associated with the law firm of Rivkin Radler LLP, attorneys for Defendant,
Samuel Hertz, in the present action.
2. I respectfully submit this affirmation, together with the accompanying Reply
Memorandum of Law, in further support of Defendant’s motion pursuant to CPLR 602(a) for
consolidation and, upon consolidation, for transfer to the Surrogate’s Court, Kings County,
pursuant to CPLR 325(e), and for such other relief as this Court deems just and proper.
3. The following exhibits are annexed to this affirmation and are referenced in the
accompanying Reply Memorandum of Law:
Exhibit A Plaintiff’s Complaint in Action No. 1 (Index No. 526061/2019)
Exhibit B Plaintiff’s Complaint in Action No. 2 (Index No. 517800/2020)
Exhibit C Probate Petition with NYSCEF E-File Confirmation
Page 1 of 2
1 of 2
FILED: KINGS COUNTY CLERK 07/12/2021 10:51 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/12/2021
Dated: Uniondale, New York
July 12, 2021
_______________________
JUSTIN M. PICCIONE
Page 2 of 2
5202619.v3
2 of 2
Document Filed Date
July 12, 2021
Case Filing Date
November 27, 2019
Category
Other Matters - Contract - Other
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FILED: KINGS COUNTY CLERK 07/12/2021 10:51 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSEPH HERTZ, AFFIRMATION IN REPLY Plaintiff, Index No. 526061-2019 -against- IAS Part 66 (Velasquez, J.) SAMUEL HERTZ, Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and as Trustee of the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, Defendant. JUSTIN M. PICCIONE, an attorney admitted to practice in the courts of the State of New York, affirms the foregoing under the penalties of perjury: 1. I am associated with the law firm of Rivkin Radler LLP, attorneys for Defendant, Samuel Hertz, in the present action. 2. I respectfully submit this affirmation, together with the accompanying Reply Memorandum of Law, in further support of Defendant’s motion pursuant to CPLR 602(a) for consolidation and, upon consolidation, for transfer to the Surrogate’s Court, Kings County, pursuant to CPLR 325(e), and for such other relief as this Court deems just and proper. 3. The following exhibits are annexed to this affirmation and are referenced in the accompanying Reply Memorandum of Law: Exhibit A Plaintiff’s Complaint in Action No. 1 (Index No. 526061/2019) Exhibit B Plaintiff’s Complaint in Action No. 2 (Index No. 517800/2020) Exhibit C Probate Petition with NYSCEF E-File Confirmation Page 1 of 2 1 of 2 FILED: KINGS COUNTY CLERK 07/12/2021 10:51 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/12/2021 Dated: Uniondale, New York July 12, 2021 _______________________ JUSTIN M. PICCIONE Page 2 of 2 5202619.v3 2 of 2