Preview
FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X Index No. 514198/2021
JUDY PFEFFER and HARRY PFEFFER,
Plaintiff, NOTICE OF CROSS-MOTION
- - TO AMEND THE
against ANSWER
AND DISMISS
PLAY PATTERN LLC AND RONAH HARRIS, Hon. Richard Velazquez
Defendants.
____________________________________________________________________Ç
C O U N S E L O R S :
PLEASE TAKE NOTICE, that upon the annexed Affirmation of JOSEPH J.
CARCAGNO, dated April 19, 2022, and upon allthe pleadings and proceedings heretofore had
herein, the undersigned will cross move this Court at Motion Part 66 thereof, before the Hon.
Richard Velazquez to be held at the Courthouse located at 360 Adams Street, Brooklyn, New
27th
York 11201, on the day of April 2022, 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 §3025(b) permitting
defendants to amend their answer to the complaint by adding an affirmative defense that there
is another action pending between the same parties for the same cause of action in the Supreme
Court, Kings County, and, upon such amendment of the answer, dismiss the complaint of plaintiff
JUDY PFEFFER in this action against defendant RONAH HARRIS pursuant to CPLR §3211(a)
and CPLR §3212 as there is an action by said plaintiff against defendant RONAH HARRIS for
the same relief in this Court in PFEFFER v. HARRIS, Index number 523984/2018, and for such
other and further relief as this Court may deem just, proper and equitable.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(d) answering
affidavits, if any, are required to be served upon the undersigned at least two (2) days prior to the
return date of this motion.
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FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022
Dated: Staten Island, New York
April 19, 2022
Yours, etc.,
CONNORS & CONNORS, P.C.
By:
PH J.C CAGNO
Attorneys for Defendants
766 Castleton Avenue
Staten Island, NY 10310
(718) 442-1700
Our File No.: DGE27634
TO: Robert Weiss, Esq.
WEISS & AKERMAN
Attorneys forPlaintiffs
7th
52 Duane Street, FlOOr
New York, NY 10007
(212) 233-0800
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FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
):ss.:
COUNTY OF RICHMOND )
Edmelinda Chico, being duly sworn, says that I am not a party to the action, am over 18
years of age and reside at Staten Island, New York.
On April 19, 2022 I served the within NOTICE OF CROSS-MOTION TO AMEND
THE ANSWER and DISMISS, and SUPPORTING DOCUMENTATION by NYS
COURTS EFILE to each of the following persons:
TO: Robert Weiss, Esq.
WEISS & AKERMAN
7th
52 Duane Street, FlOOr
New York, NY 10007
Edmelinda Chico
Sworn to before me this
19th
day of April, 2022
£4 CA
otary Public
ANGELA PESCE
NOTARY PUBLIC, STATE OF NEW YORK
RegistrationNo. OlPE6234726
Qualified in Richmond County
Commission ly.7..0 21
My
Expires:00am
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FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022
Index No. 514198/2021 Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JUDY PFEFFER and HARRY PFEFFER,
Plaintiffs,
- against -
PLAY PATTERN LLC AND RONAH HARRIS,
Defendants.
NOTICE OF CROSS-MOTION TO AMEND THE ANSWER AND DISMISS,
AFFIRMATION IN SUPPORT AND SUPPORTING DOCUMENTATION
CONNORS & CONNORS, P.C
Attorneysfor Defendants
Office and Post Office Address, Telephone
766 Castleton Avenue
StatenIsland, New York 10310
(718) 442-1700 PHONE
(718) 273-5196 FAX
Signature (kule 130-1.1-a)
----------- ----------------------
JOSEP . CARCAGNO
Service of a copy ofthe within is herebyadmitted,
Dated,
---------------------------------------
Attorney(s) for
Please take notice
NOTICE OF ENTRY
thatthe within true
is a (certified) copy of a dulyentered inthe officeof theclerk of thewithin named court on
NOTICE OF SETTLEMENT
thatan order of which the withinis a true
copy will be presented forsettlement to theHON.
one of the judges of thewithin named court,at
on at
Dated: Yours, etc.,
CONNORS & CONNORS, P.C.
Attorneys for
To Office and Post Office Address
766 CASTLETON AVENUE
STATEN ISLAND, NY 10310
4 of 4
Preview
FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X Index No. 514198/2021 JUDY PFEFFER and HARRY PFEFFER, Plaintiff, NOTICE OF CROSS-MOTION - - TO AMEND THE against ANSWER AND DISMISS PLAY PATTERN LLC AND RONAH HARRIS, Hon. Richard Velazquez Defendants. ____________________________________________________________________Ç C O U N S E L O R S : PLEASE TAKE NOTICE, that upon the annexed Affirmation of JOSEPH J. CARCAGNO, dated April 19, 2022, and upon allthe pleadings and proceedings heretofore had herein, the undersigned will cross move this Court at Motion Part 66 thereof, before the Hon. Richard Velazquez to be held at the Courthouse located at 360 Adams Street, Brooklyn, New 27th York 11201, on the day of April 2022, 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 §3025(b) permitting defendants to amend their answer to the complaint by adding an affirmative defense that there is another action pending between the same parties for the same cause of action in the Supreme Court, Kings County, and, upon such amendment of the answer, dismiss the complaint of plaintiff JUDY PFEFFER in this action against defendant RONAH HARRIS pursuant to CPLR §3211(a) and CPLR §3212 as there is an action by said plaintiff against defendant RONAH HARRIS for the same relief in this Court in PFEFFER v. HARRIS, Index number 523984/2018, and for such other and further relief as this Court may deem just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(d) answering affidavits, if any, are required to be served upon the undersigned at least two (2) days prior to the return date of this motion. 1 of 4 FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022 Dated: Staten Island, New York April 19, 2022 Yours, etc., CONNORS & CONNORS, P.C. By: PH J.C CAGNO Attorneys for Defendants 766 Castleton Avenue Staten Island, NY 10310 (718) 442-1700 Our File No.: DGE27634 TO: Robert Weiss, Esq. WEISS & AKERMAN Attorneys forPlaintiffs 7th 52 Duane Street, FlOOr New York, NY 10007 (212) 233-0800 2 of 4 FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ):ss.: COUNTY OF RICHMOND ) Edmelinda Chico, being duly sworn, says that I am not a party to the action, am over 18 years of age and reside at Staten Island, New York. On April 19, 2022 I served the within NOTICE OF CROSS-MOTION TO AMEND THE ANSWER and DISMISS, and SUPPORTING DOCUMENTATION by NYS COURTS EFILE to each of the following persons: TO: Robert Weiss, Esq. WEISS & AKERMAN 7th 52 Duane Street, FlOOr New York, NY 10007 Edmelinda Chico Sworn to before me this 19th day of April, 2022 £4 CA otary Public ANGELA PESCE NOTARY PUBLIC, STATE OF NEW YORK RegistrationNo. OlPE6234726 Qualified in Richmond County Commission ly.7..0 21 My Expires:00am 3 of 4 FILED: KINGS COUNTY CLERK 04/19/2022 02:19 PM INDEX NO. 514198/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/19/2022 Index No. 514198/2021 Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JUDY PFEFFER and HARRY PFEFFER, Plaintiffs, - against - PLAY PATTERN LLC AND RONAH HARRIS, Defendants. NOTICE OF CROSS-MOTION TO AMEND THE ANSWER AND DISMISS, AFFIRMATION IN SUPPORT AND SUPPORTING DOCUMENTATION CONNORS & CONNORS, P.C Attorneysfor Defendants Office and Post Office Address, Telephone 766 Castleton Avenue StatenIsland, New York 10310 (718) 442-1700 PHONE (718) 273-5196 FAX Signature (kule 130-1.1-a) ----------- ---------------------- JOSEP . CARCAGNO Service of a copy ofthe within is herebyadmitted, Dated, --------------------------------------- Attorney(s) for Please take notice NOTICE OF ENTRY thatthe within true is a (certified) copy of a dulyentered inthe officeof theclerk of thewithin named court on NOTICE OF SETTLEMENT thatan order of which the withinis a true copy will be presented forsettlement to theHON. one of the judges of thewithin named court,at on at Dated: Yours, etc., CONNORS & CONNORS, P.C. Attorneys for To Office and Post Office Address 766 CASTLETON AVENUE STATEN ISLAND, NY 10310 4 of 4