Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018
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FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 13 RECEIVED
INDEX
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NO.
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FILED : KINGS COUNTY CLERK 0 4 /16 / 2018 12 : 2 __P1
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LEONARD C. LEWIS, VERE D ANSWER
AND CROSS-CLAIM
Plaintiff(s),
Index No: 520719/I7
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(8),
The defendant(s), Luther M. Rufus, answering the Complaint herein:
First: Admit(s) each and every allegation in the paragraph(s) of the Cornplaint
designated as follows: 3.
Seond: Deny/denies each and every allegation in the paragraph(s) of the Complaint
designated as follows: 5, 6, 7, 8,and 11.
Third: Deny/denies any knowledge or infonnation sufficient to fonn a belief as to the
truth of any of the allegations cords!ñêd in the paragraph(s) of the Complaint desigmited as
follows: 1, 2 and 4.
Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the
Complaint designated as follows, and refers all questicñs of law to the Court: 9.
Fifth: Deny/denies any knowledge or information surT1cicnt to form a belief as to the
truth of any of the allegations contained in the paragraph(s) of the Cc---'_±t designated as
follows, and refers allquestions of law to the Court 10.
The Defendant(s), Luther M. Rufus, Set(s) Forth the Following
Affirmative Defènses
Sixth: That whek er damage, personal injury, injury to property or wrcagfel death
the plaintifRs) and/or the plaintifRs)'s decedent may have aded if any, at the time and place
2
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alleged in the Complaint herein, or any amendments themto, was caused by the carelessness,
negligence, recklessness, assüuiption of risk and culpable conduct and want of care on the partof
the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence,
recklessness or culpable conduct upon the part of the answedag defendant(s) caused or
contribüted to such injury or wrongful death and damages to the plaintiMs) and/or the plaintiff's
decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight
proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s)
and/or the plaintiff's decedent in causing the accident and my damages sustained.
Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered.
Righth: Upon information and belief, some or all of the damages alleged in the
plaintiMs)*s Compki± is/are barred and/or subject to the qualification of the provision of §
4545 of the CPLR.
Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the
defendant(s) plead(s) said fact in mitigation of damages.
Tenth: In the event that any person or entity liable or claimed to be liable for the
injuries or damages alleged in this action has been given ar may hereafter be given a release or
. covenant not to sue, the answering dehda*(s) will be entitled to pmtenon under New York
General Obligations Law 15-108 and the corresponding redudie of any damages that may be
determined to be due against the answering defendant(s).
Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their
own making and cannot be held liable for thisaccident.
Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged
accident.
3
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As and for a Cross-complaint Against th.e Co-defendant(s),
Alton A. Ellis, the Defendant(s) Resp ectfuUy Allege(s)
Thirteenth:That ifthe plaintiff(s) was/were caused to sustain damages as alleged in the
Complaint other than through his/her/their own carelessñeos, recklessness or negligence, then all
such damages would have been caused and/or brought about, in whole or in material part, by the
affirmative recklessness or failure of due care of the co-
wrong doing, fault, negligence,
defendant(s), Alton A. Ellis,without any similar acts of the answering defendant(s) coñtribü†ing
thereto, and in the event that the answering defendant(s) should be held liable for any amount of
damages caused to the plaintiff(s), then a separate determination should be made as to the
proportion of relative respanaibility and culpable conduct of the co-defeñdant(s), Alton A. Ellis,
and said co-defendant(s) shall be held liable over the answering defendan*(s) for the full amoüñt
of any verdict or judpnt that the plaintiW(s) may recover against the answering deh±M(s) or
for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M.
Rufus.
Wherefore, the defendant(s), Luther M. Rufus, derr and(s) judgment as follows:
a. disreissing the Camplaint herein, together with the costs and disbursements of
this action; and
b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full
amount of any judgment which may be obtaiñed herein by the plaintiff(s), Leonard C.
Lewis, against the answering defend-=+(s), or in such amount as the Court or Jury may
direct in accordance with the relative responsibilities and culpãbilities of the parties.
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FILED : KINGE COUNTY CLERK 6/ 2 018 12 :
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018
Dated: Jericho, New York
April 16, 2018
Sincerdy,
RARMON, LINDER & ROGOWSKY, ESQS. RICHELD T. LAU & ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Leonard C. Lewis Luther M. Rufus
3 Park Avenue P. 0. Box 9040
23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260
New York, NY 10016 Jericlo, NY 11753
(212) 732-3665 (516) 229-6000
HARMONANDLINDER(dlGMAIL.COM File Nanber: 18NEWY09171
Claim Number: 32-1466-9F9
LAW OFFICE OF MORRIS E. BARENBAUM
Personal Counsel for
Luther M. Rufus
1100 Coney Island Avenue
Suite 411
Brooklyn, NY 11230
(718) 252-8600
5
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FILED KINGS ,COUNTY CLERK INDEX NO. 520719/2017
: 0 4 /16 / 2018 12 : 22 PM)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned, an attorney admitted to practice in the courts of New York State,
shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Fichard T. Lau &
Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the
foregoing Answer and Cross-claim and knows the contents thereof; the same is true to
affirmant's own knowledge, except as to the matters the ein stated to be alleged on information
and belief and that as to those matters affirmant believe itto be true; This verification is made
by affirmant and not by the defendant(s), in that the defendant(s), is/are not within the county
where undersigned has his/her office.
The grounds of affirmant's belief as to all matters not stated upon affinnant's knowledge
are as follows: investigations made relative to the subject matter, information and records in
his/her file.
The undersigned affirms that the foregoing statements are truecunder the penalties of
perjury.
Dated: Jericho, NY
April 16, 2018
18NEWY09171
K ATHLEEN E. FIORETTI, ESQ.
6
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Affidavit of Service
State of New York, County ofNassau
Laura Manginelli, being duly sworn, deposes and says: deponent is not a party to the action, is
over 18 years of age and resides at P. 0. Box 9040, 300 Jericho Quadrangle, Suite 260, Jericho,
NY.
On April 16, 2018, deponent served the within DEMAND PURSUANT TO CPLR 3102(a),
VERIFIED ANSWER AND CROSS-CLAIM, DEMAND FOR BILL OF PARTICULARS,
, NOTICE OF DISCOVERY AND INSPECTION, NOTICE OF DISCOVERY AND
INSPECTION AS DIRECTED TO CO-DEFENDANT(8), DEMAND FOR RELIEF
REQUESTED, NOTICE OF DEPOSITION AND DEMAND PURSUANT TO CPLR 3101(d)
upon the attorney(s) and/or the parties listed herein, at the address(es) designated by said
attorney(s) for that purpose by depositing a true copy of sarne enclosed in a post-paid properly
addressed wrapper in an official depository under the exclusive care and custody of the United
States Postal Service within the State of New York.
1AW OFFICE OF MORRIS E. BARENBAUM
Personal Counsel for
Luther M. Rufus
1100 Coney Island Avenue
Suite 411
Brooklyn, NY 11230
(718) 252-8600
Laura inelli
165
Sworn to be ore me this day
o pr
NOTARY PUBLIC
wANiiE DEUO
Notary Publio-Stateof NewYork
No.01DF5086811
Qualifiediri Suffolk
County
My Commission Expires October27. _
Melinda K. Fleckey 18NEWY09171 Lewis v. Ellis (e)
26 of 27
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Index No: 520719/17 SUPREME COURT ÒF THE STATIS OF NEW YOPJ(, COUNTY OF KENGS
LEONARD C. LEWIS,
Plaintiff(s),
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s),
DEMAND PURSUANT TO CPLR 3102(a),VERIFIED ANSWER AND CROSS CLAIM, DEMAND FOR
BILL OF PARTICULARS, NOTICE OF DISCOVERY AND INSPECTION, NOTICE OF DISCOVERY
AND INSPECTION AS DIRECTED TO CO-DEFENDANT(S), DEMAND FOR RELIEF REQUESTED,
NOTICE OF DEPOSITION AND DEMAND PURSUANT TO CPLR 3101(d)
RICHARD T. LAU & ASSOCIATES
Attomeys forDefendant(s)
LutherM. Rufus
P. O.Box 9040
300 JerichoQuadrangle, Suite260
Jericho,NY 11753
(516)229-6000
Attorney Certification:
The undersigned, an attorney admittedto practice in the Courts of fo e, certifies
that,upon
ide=-=h beliefand reasonable inquiry,thecse=d=== containu e r erenced document(a) are
, ,
not frivolous. / / 7
Dated: JerichoNew York
April16, 2018 TI EN E. FIORETTI, ESQ. ,
Sincerely,
HARMON, LINDER & ROG OWSKY, ESQS. RICEARD T. LAU & ASSOCIATES
Attorney(s)forPlaintiff(s) Attomey(s)‡r Defendant(s)
Leonard C. Lewis Luther M. Rifus
3 ParkAvenue P. 0.Box 9(40
23rd Floor,Suite2300 300 lerichoQuadrangle, Suite260
New York, NY 10016 Jericho,New York 11753
(212) 732-3665 (516)229-6(1(K)
HARMONANDLINDERfstGMAILCOM
LAW OFFICE OF MORRIS E. BARENBAUM
PersonalCounsel for
Luther M; Rufus
1100 Coney IslandAvenue
Suite411
Brooklyn, NY I1230
(718)252-8600
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
Svetlana Yeremina being sworn says: I am not a party to the action, am over 18 years of age and
reside at Staten Island, NY. On December 21 2018 served a true copy of the annexed in the
following manner:
NOTICE OF MOTION
SERVICE BY MAIL XXX
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official
depository of the U.S. Postal Service within the State of New York, addressed to the last known
address of the addressee(s) as indicated below:
To: RICHARD T. LAU & ASSOCIATES
Attorney for defendant
LUTHER M. RFUS
PO BOX 9040
300 Jericho Quadrangle Suite 260
Jericho, NY 11753
516-229-6000
LAW OFFICE OFMORRIS E. BARENBAUM
Personal Counsel for
LUTHER M. RUFUS
1100 Coney Island Ave.
Suite 411
Brooklyn, NY 11230
718 -252 -8 600
COUNTRYWIDE INS.
40 Wall ST.
New York, NY 10005
Ins. Alton Ellis
Claim # 326386
By certified mail return receipt requested
To: ALTON A. ELLIS
145-74 221 Street
Queens, NY 11413
Def.
SVETLANA YEREMINA
Sworn to before m n ce
Public AsTOLFO CABRERA
Notary
Public,State of New York
Notary
No. 01 CA5084163
in QueensCounty
Qualified
Expires Nov.12, 2021
Commission
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018
Index No: 520719/2017
SUPREME COURT OF THE STATE OF NEW YOl tK
COUNTY OF KINGS
LEONARD C. LEWIS,
Plaintiff(s),
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s).
NOTICE OF MOTION
HARMON, LINDER & ROGO WSKY, ESQS.
Attorney for Plaintif f(s)
3 PARK AVENUE
23RD
FLOOR
NEW YORK, NY 10016
Phone: (212) 732-3665 Fax: (212) 732-1462
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
NOTICE OF thatthe withinis a (certified)
truecopy of an Order
ENTRY entered in the
office ofthe clerkof the withinnamed Court
on 20 .
NOTICE OF thatan Order ofwhich thewithin is a true
copy willbe presented
SETTLEMENT or settlement
to theHon. ____, one ofthe judges of thewithin
named Court at , on 20 .
Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 a p m & - b FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED INDEX NYSCEF: NO. 12/21/2018 520719/2017 FILED : KINGS COUNTY CLERK 0 4 /16 / 2018 12 : 2 __P1 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LEONARD C. LEWIS, VERE D ANSWER AND CROSS-CLAIM Plaintiff(s), Index No: 520719/I7 -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(8), The defendant(s), Luther M. Rufus, answering the Complaint herein: First: Admit(s) each and every allegation in the paragraph(s) of the Cornplaint designated as follows: 3. Seond: Deny/denies each and every allegation in the paragraph(s) of the Complaint designated as follows: 5, 6, 7, 8,and 11. Third: Deny/denies any knowledge or infonnation sufficient to fonn a belief as to the truth of any of the allegations cords!ñêd in the paragraph(s) of the Complaint desigmited as follows: 1, 2 and 4. Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the Complaint designated as follows, and refers all questicñs of law to the Court: 9. Fifth: Deny/denies any knowledge or information surT1cicnt to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Cc---'_±t designated as follows, and refers allquestions of law to the Court 10. The Defendant(s), Luther M. Rufus, Set(s) Forth the Following Affirmative Defènses Sixth: That whek er damage, personal injury, injury to property or wrcagfel death the plaintifRs) and/or the plaintifRs)'s decedent may have aded if any, at the time and place 2 3 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. . NO. 13 RECEIVED INDEX NYSCEF: NO. 12/21/2018 520719/2017 6 2018 12 : 22 I $ NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 alleged in the Complaint herein, or any amendments themto, was caused by the carelessness, negligence, recklessness, assüuiption of risk and culpable conduct and want of care on the partof the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence, recklessness or culpable conduct upon the part of the answedag defendant(s) caused or contribüted to such injury or wrongful death and damages to the plaintiMs) and/or the plaintiff's decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s) and/or the plaintiff's decedent in causing the accident and my damages sustained. Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered. Righth: Upon information and belief, some or all of the damages alleged in the plaintiMs)*s Compki± is/are barred and/or subject to the qualification of the provision of § 4545 of the CPLR. Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the defendant(s) plead(s) said fact in mitigation of damages. Tenth: In the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given ar may hereafter be given a release or . covenant not to sue, the answering dehda*(s) will be entitled to pmtenon under New York General Obligations Law 15-108 and the corresponding redudie of any damages that may be determined to be due against the answering defendant(s). Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their own making and cannot be held liable for thisaccident. Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged accident. 3 4 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 INDEX NO. 520719/2017 [FILED : KINGS COUNTY CLERK 0 4 /16 / 2018 12 :f ž PM| NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 As and for a Cross-complaint Against th.e Co-defendant(s), Alton A. Ellis, the Defendant(s) Resp ectfuUy Allege(s) Thirteenth:That ifthe plaintiff(s) was/were caused to sustain damages as alleged in the Complaint other than through his/her/their own carelessñeos, recklessness or negligence, then all such damages would have been caused and/or brought about, in whole or in material part, by the affirmative recklessness or failure of due care of the co- wrong doing, fault, negligence, defendant(s), Alton A. Ellis,without any similar acts of the answering defendant(s) coñtribü†ing thereto, and in the event that the answering defendant(s) should be held liable for any amount of damages caused to the plaintiff(s), then a separate determination should be made as to the proportion of relative respanaibility and culpable conduct of the co-defeñdant(s), Alton A. Ellis, and said co-defendant(s) shall be held liable over the answering defendan*(s) for the full amoüñt of any verdict or judpnt that the plaintiW(s) may recover against the answering deh±M(s) or for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M. Rufus. Wherefore, the defendant(s), Luther M. Rufus, derr and(s) judgment as follows: a. disreissing the Camplaint herein, together with the costs and disbursements of this action; and b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full amount of any judgment which may be obtaiñed herein by the plaintiff(s), Leonard C. Lewis, against the answering defend-=+(s), or in such amount as the Court or Jury may direct in accordance with the relative responsibilities and culpãbilities of the parties. 5 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 22- RECEIVED NYSCEF: 12/21/2018 INDEX NO. 520719/2017 FILED : KINGE COUNTY CLERK 6/ 2 018 12 : NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 Dated: Jericho, New York April 16, 2018 Sincerdy, RARMON, LINDER & ROGOWSKY, ESQS. RICHELD T. LAU & ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Leonard C. Lewis Luther M. Rufus 3 Park Avenue P. 0. Box 9040 23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260 New York, NY 10016 Jericlo, NY 11753 (212) 732-3665 (516) 229-6000 HARMONANDLINDER(dlGMAIL.COM File Nanber: 18NEWY09171 Claim Number: 32-1466-9F9 LAW OFFICE OF MORRIS E. BARENBAUM Personal Counsel for Luther M. Rufus 1100 Coney Island Avenue Suite 411 Brooklyn, NY 11230 (718) 252-8600 5 6 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 FILED KINGS ,COUNTY CLERK INDEX NO. 520719/2017 : 0 4 /16 / 2018 12 : 22 PM) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 STATE OF NEW YORK, COUNTY OF NASSAU The undersigned, an attorney admitted to practice in the courts of New York State, shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Fichard T. Lau & Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the foregoing Answer and Cross-claim and knows the contents thereof; the same is true to affirmant's own knowledge, except as to the matters the ein stated to be alleged on information and belief and that as to those matters affirmant believe itto be true; This verification is made by affirmant and not by the defendant(s), in that the defendant(s), is/are not within the county where undersigned has his/her office. The grounds of affirmant's belief as to all matters not stated upon affinnant's knowledge are as follows: investigations made relative to the subject matter, information and records in his/her file. The undersigned affirms that the foregoing statements are truecunder the penalties of perjury. Dated: Jericho, NY April 16, 2018 18NEWY09171 K ATHLEEN E. FIORETTI, ESQ. 6 7 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 - INDEX NO. 520719/2 017 F I LED : KINGS COUNTY CLERK O 4/16/20i8 12 2 EM| NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 Affidavit of Service State of New York, County ofNassau Laura Manginelli, being duly sworn, deposes and says: deponent is not a party to the action, is over 18 years of age and resides at P. 0. Box 9040, 300 Jericho Quadrangle, Suite 260, Jericho, NY. On April 16, 2018, deponent served the within DEMAND PURSUANT TO CPLR 3102(a), VERIFIED ANSWER AND CROSS-CLAIM, DEMAND FOR BILL OF PARTICULARS, , NOTICE OF DISCOVERY AND INSPECTION, NOTICE OF DISCOVERY AND INSPECTION AS DIRECTED TO CO-DEFENDANT(8), DEMAND FOR RELIEF REQUESTED, NOTICE OF DEPOSITION AND DEMAND PURSUANT TO CPLR 3101(d) upon the attorney(s) and/or the parties listed herein, at the address(es) designated by said attorney(s) for that purpose by depositing a true copy of sarne enclosed in a post-paid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. 1AW OFFICE OF MORRIS E. BARENBAUM Personal Counsel for Luther M. Rufus 1100 Coney Island Avenue Suite 411 Brooklyn, NY 11230 (718) 252-8600 Laura inelli 165 Sworn to be ore me this day o pr NOTARY PUBLIC wANiiE DEUO Notary Publio-Stateof NewYork No.01DF5086811 Qualifiediri Suffolk County My Commission Expires October27. _ Melinda K. Fleckey 18NEWY09171 Lewis v. Ellis (e) 26 of 27 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED INDEX NO. 52 07 19 NYSCEF: /2 0 17 12/21/2018 IFEED : KINGS COUNTY CLERK 0Žf 16 / ÈÈ18 12 È NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 Index No: 520719/17 SUPREME COURT ÒF THE STATIS OF NEW YOPJ(, COUNTY OF KENGS LEONARD C. LEWIS, Plaintiff(s), -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s), DEMAND PURSUANT TO CPLR 3102(a),VERIFIED ANSWER AND CROSS CLAIM, DEMAND FOR BILL OF PARTICULARS, NOTICE OF DISCOVERY AND INSPECTION, NOTICE OF DISCOVERY AND INSPECTION AS DIRECTED TO CO-DEFENDANT(S), DEMAND FOR RELIEF REQUESTED, NOTICE OF DEPOSITION AND DEMAND PURSUANT TO CPLR 3101(d) RICHARD T. LAU & ASSOCIATES Attomeys forDefendant(s) LutherM. Rufus P. O.Box 9040 300 JerichoQuadrangle, Suite260 Jericho,NY 11753 (516)229-6000 Attorney Certification: The undersigned, an attorney admittedto practice in the Courts of fo e, certifies that,upon ide=-=h beliefand reasonable inquiry,thecse=d=== containu e r erenced document(a) are , , not frivolous. / / 7 Dated: JerichoNew York April16, 2018 TI EN E. FIORETTI, ESQ. , Sincerely, HARMON, LINDER & ROG OWSKY, ESQS. RICEARD T. LAU & ASSOCIATES Attorney(s)forPlaintiff(s) Attomey(s)‡r Defendant(s) Leonard C. Lewis Luther M. Rifus 3 ParkAvenue P. 0.Box 9(40 23rd Floor,Suite2300 300 lerichoQuadrangle, Suite260 New York, NY 10016 Jericho,New York 11753 (212) 732-3665 (516)229-6(1(K) HARMONANDLINDERfstGMAILCOM LAW OFFICE OF MORRIS E. BARENBAUM PersonalCounsel for Luther M; Rufus 1100 Coney IslandAvenue Suite411 Brooklyn, NY I1230 (718)252-8600 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 STATE OF NEW YORK, COUNTY OF NEW YORK ss: Svetlana Yeremina being sworn says: I am not a party to the action, am over 18 years of age and reside at Staten Island, NY. On December 21 2018 served a true copy of the annexed in the following manner: NOTICE OF MOTION SERVICE BY MAIL XXX by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: To: RICHARD T. LAU & ASSOCIATES Attorney for defendant LUTHER M. RFUS PO BOX 9040 300 Jericho Quadrangle Suite 260 Jericho, NY 11753 516-229-6000 LAW OFFICE OFMORRIS E. BARENBAUM Personal Counsel for LUTHER M. RUFUS 1100 Coney Island Ave. Suite 411 Brooklyn, NY 11230 718 -252 -8 600 COUNTRYWIDE INS. 40 Wall ST. New York, NY 10005 Ins. Alton Ellis Claim # 326386 By certified mail return receipt requested To: ALTON A. ELLIS 145-74 221 Street Queens, NY 11413 Def. SVETLANA YEREMINA Sworn to before m n ce Public AsTOLFO CABRERA Notary Public,State of New York Notary No. 01 CA5084163 in QueensCounty Qualified Expires Nov.12, 2021 Commission FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 12/21/2018 Index No: 520719/2017 SUPREME COURT OF THE STATE OF NEW YOl tK COUNTY OF KINGS LEONARD C. LEWIS, Plaintiff(s), -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s). NOTICE OF MOTION HARMON, LINDER & ROGO WSKY, ESQS. Attorney for Plaintif f(s) 3 PARK AVENUE 23RD FLOOR NEW YORK, NY 10016 Phone: (212) 732-3665 Fax: (212) 732-1462 Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE NOTICE OF thatthe withinis a (certified) truecopy of an Order ENTRY entered in the office ofthe clerkof the withinnamed Court on 20 . NOTICE OF thatan Order ofwhich thewithin is a true copy willbe presented SETTLEMENT or settlement to theHon. ____, one ofthe judges of thewithin named Court at , on 20 .