Preview
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff, NOTICE OF
MOTION
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that upon the annexed Affirmation of TODD M.
MCCAULEY, duly affirmed the 10th day of August, 2022, the Affidavit of Gedalia David Altman
dated July 28, 2022, the Affidavit of Motty Neiman dated July 28, 2022, the Affidavit of Harold
Weber dated July 27, 2022, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court at 360 Adams Street, Brooklyn, New York 11201 on the 14th
day of September, 2022 at 9:30 A.M., or as soon thereafter as counsel can be heard for an Order
granting Defendants, TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT
CORP. and METROPOLITAN REALTY & MANAGEMENT NY INC., summary judgment
pursuant to CPLR 3211(a)(1) and 3211(a)(7), dismissing this action as against the defendants,
TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. for (a) failing to
state a cause of action against them and based on the documentary evidence that the plaintiff's
claims against them are barred by the exclusive remedy provision of the Workers' Compensation
Law; (b) pursuant to CPLR 3211(a)(1) and 3211(a)(7), dismissing the plaintiff's complaint against
the defendant, METROPOLITAN REALTY & MANAGEMENT NY INC. based on the
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/10/2022
documentary evidence that this defendant had no involvement, whatsoever, with the alleged
accident location; and (c) for such other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to § 2214(b) of the CPLR, all
answering papers and supporting affidavits, if any, must be served at seven (7) days prior to the
return date of this motion.
Dated: White Plains, NY
August 10, 2022
MCCAULEY LAW FIRM, PLLC
By: Todd M. McCauley
Todd M. McCauley, Esq.
Attorney for Defendants
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP. and METROPOLITAN
REALTY & MANAGEMENT NY INC.
777 Westchester Ave., Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
To:
THE FLOMENHAFT LAW FIRM, PLLC
Attn: Michael Flomenhaft, Esq.
Attorneys for Plaintiff
KALWEEN RODRIGUEZ
90 Broad Street, Suite 1901
New York, NY 10004
Tel: (646) 747-0300
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, NOTICE OF MOTION -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. --------------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of TODD M. MCCAULEY, duly affirmed the 10th day of August, 2022, the Affidavit of Gedalia David Altman dated July 28, 2022, the Affidavit of Motty Neiman dated July 28, 2022, the Affidavit of Harold Weber dated July 27, 2022, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at 360 Adams Street, Brooklyn, New York 11201 on the 14th day of September, 2022 at 9:30 A.M., or as soon thereafter as counsel can be heard for an Order granting Defendants, TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP. and METROPOLITAN REALTY & MANAGEMENT NY INC., summary judgment pursuant to CPLR 3211(a)(1) and 3211(a)(7), dismissing this action as against the defendants, TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. for (a) failing to state a cause of action against them and based on the documentary evidence that the plaintiff's claims against them are barred by the exclusive remedy provision of the Workers' Compensation Law; (b) pursuant to CPLR 3211(a)(1) and 3211(a)(7), dismissing the plaintiff's complaint against the defendant, METROPOLITAN REALTY & MANAGEMENT NY INC. based on the 1 of 2 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/10/2022 documentary evidence that this defendant had no involvement, whatsoever, with the alleged accident location; and (c) for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to § 2214(b) of the CPLR, all answering papers and supporting affidavits, if any, must be served at seven (7) days prior to the return date of this motion. Dated: White Plains, NY August 10, 2022 MCCAULEY LAW FIRM, PLLC By: Todd M. McCauley Todd M. McCauley, Esq. Attorney for Defendants TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP. and METROPOLITAN REALTY & MANAGEMENT NY INC. 777 Westchester Ave., Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 To: THE FLOMENHAFT LAW FIRM, PLLC Attn: Michael Flomenhaft, Esq. Attorneys for Plaintiff KALWEEN RODRIGUEZ 90 Broad Street, Suite 1901 New York, NY 10004 Tel: (646) 747-0300 2 of 2