On May 25, 2022 a
Motion-Secondary
was filed
involving a dispute between
Arcadio Roselli, As A Holder Of Thirty-Three And One-Third Percent,
and
A3T21, Llc D B A Antonio'S Kitchen,
Anthony Roselli,
Thomas Gambino,
for Commercial - Contract
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/01/2022 08:54 PM INDEX NO. 711145/2022
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------X
ARCADIO ROSELLI, as a holder of thirty-three and Index No.: 711145/2022
one-third percent (33 1/3 %) of the outstanding shares of
stock of G. Rose Associates, LLC, suing derivatively on
behalf G. ROSE ASSOCIATES, LLC,
Plaintiff, AFFIRMATION IN OPPOSITION
TO PLAINTIFF’S MOTION
-against- FOR SUMMARY JUDGMENT
A3T21, LLC, d/b/a ANTONIO’S KITCHEN, THOMAS
GAMBINO and ANTHONY ROSELLI
Defendants.
-------------------------------------------------------------------X
ROBERT L. CAMAJ, ESQ., an attorney duly admitted to practice law in the State of New York,
affirms the following:
1. I am a member of Acquista & Associates, P.C., attorneys for Plaintiff THOMAS
GAMBINO (“Gambino”) in this action. I am familiar with the facts of this case and submit this
affirmation in opposition to Plaintiff ARCADIO ROSELLI’s (“Arcadio”) motion seeking
summary judgment against Defendants.
STATEMENT OF FACTS
2. This is a shareholder derivative action. Plaintiff is seeking, among other things, recovery
of back rent allegedly owed to the subject corporate entity by one of the Defendants.
3. The salient facts of the matter are set forth in the accompanying affidavit of THOMAS
GAMBINO, sworn to on December 1, 2022, together with exhibits thereto. The capitalized terms
used in this memorandum have the same meanings as those ascribed therein.
PROCEDURAL HISTORY
4. Plaintiff commenced this action on May 25, 2022 by filing a summons and verified
complaint (NYSCEF Doc. No. 1).
5. Gambino joined this action on July 22, 2022 by filing a verified answer (NYSCEF Doc.
1 of 2
FILED: QUEENS COUNTY CLERK 12/01/2022 08:54 PM INDEX NO. 711145/2022
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/01/2022
No. 21).
6. In addition to this litigation, there is currently another active litigation concerning the
business relationships between the parties. On February 14, 2019, Ordas and Gambino commenced
a summary proceeding against Arcadio to judicially dissolve iWash (the “iWash Litigation”). The
pleadings in the iWash litigation also seek damages against Arcadio for his mismanagement of
iWash and his fraudulent diversion of iWash’s assets for his own personal use. That action, In re
Thomas Gambino, et al. Index No: 702766/2019 is still pending before the Court.
LIST OF EXHIBITS
7. In addition to affirming the facts stated above, I submit this affirmation to provide the Court
with true and accurate copies of the following documents relevant to these opposition papers.
8. Annexed to this motion as Exhibit A is a true and accurate copy of the decision and order
of Justice Livote of the Queens County Supreme Court dated August 29, 2019, which directed
Arcadio to provide an accounting of iWash to Defendants, and to return all funds he diverted from
iWash.
9. Annexed as Exhibit B is Justice Livote’s June 29, 2021 decision and order which, among
other things, upheld the election of Anthony, Ordas and Gambino as directors of iWash.
WHEREFORE, it is respectfully requested that Plaintiff’s motion be denied in its entirety,
together with such other and further relief as this Court may deem just, proper and equitable.
Dated: December 1, 2022 ACQUISTA & ASSOCIATES, P.C.
Astoria, New York
___________________________
By: Robert L. Camaj, Esq.
Attorneys for Defendant THOMAS GAMBINO
32-75 Steinway Street, Suite 211
Astoria, NY 11103
Tel.: 718-274-1010
Fax: 718-274-1077
rc@acquistalaw.com
2
2 of 2
Document Filed Date
December 01, 2022
Case Filing Date
May 25, 2022
Category
Commercial - Contract
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FILED: QUEENS COUNTY CLERK 12/01/2022 08:54 PM INDEX NO. 711145/2022 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------X ARCADIO ROSELLI, as a holder of thirty-three and Index No.: 711145/2022 one-third percent (33 1/3 %) of the outstanding shares of stock of G. Rose Associates, LLC, suing derivatively on behalf G. ROSE ASSOCIATES, LLC, Plaintiff, AFFIRMATION IN OPPOSITION TO PLAINTIFF’S MOTION -against- FOR SUMMARY JUDGMENT A3T21, LLC, d/b/a ANTONIO’S KITCHEN, THOMAS GAMBINO and ANTHONY ROSELLI Defendants. -------------------------------------------------------------------X ROBERT L. CAMAJ, ESQ., an attorney duly admitted to practice law in the State of New York, affirms the following: 1. I am a member of Acquista & Associates, P.C., attorneys for Plaintiff THOMAS GAMBINO (“Gambino”) in this action. I am familiar with the facts of this case and submit this affirmation in opposition to Plaintiff ARCADIO ROSELLI’s (“Arcadio”) motion seeking summary judgment against Defendants. STATEMENT OF FACTS 2. This is a shareholder derivative action. Plaintiff is seeking, among other things, recovery of back rent allegedly owed to the subject corporate entity by one of the Defendants. 3. The salient facts of the matter are set forth in the accompanying affidavit of THOMAS GAMBINO, sworn to on December 1, 2022, together with exhibits thereto. The capitalized terms used in this memorandum have the same meanings as those ascribed therein. PROCEDURAL HISTORY 4. Plaintiff commenced this action on May 25, 2022 by filing a summons and verified complaint (NYSCEF Doc. No. 1). 5. Gambino joined this action on July 22, 2022 by filing a verified answer (NYSCEF Doc. 1 of 2 FILED: QUEENS COUNTY CLERK 12/01/2022 08:54 PM INDEX NO. 711145/2022 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/01/2022 No. 21). 6. In addition to this litigation, there is currently another active litigation concerning the business relationships between the parties. On February 14, 2019, Ordas and Gambino commenced a summary proceeding against Arcadio to judicially dissolve iWash (the “iWash Litigation”). The pleadings in the iWash litigation also seek damages against Arcadio for his mismanagement of iWash and his fraudulent diversion of iWash’s assets for his own personal use. That action, In re Thomas Gambino, et al. Index No: 702766/2019 is still pending before the Court. LIST OF EXHIBITS 7. In addition to affirming the facts stated above, I submit this affirmation to provide the Court with true and accurate copies of the following documents relevant to these opposition papers. 8. Annexed to this motion as Exhibit A is a true and accurate copy of the decision and order of Justice Livote of the Queens County Supreme Court dated August 29, 2019, which directed Arcadio to provide an accounting of iWash to Defendants, and to return all funds he diverted from iWash. 9. Annexed as Exhibit B is Justice Livote’s June 29, 2021 decision and order which, among other things, upheld the election of Anthony, Ordas and Gambino as directors of iWash. WHEREFORE, it is respectfully requested that Plaintiff’s motion be denied in its entirety, together with such other and further relief as this Court may deem just, proper and equitable. Dated: December 1, 2022 ACQUISTA & ASSOCIATES, P.C. Astoria, New York ___________________________ By: Robert L. Camaj, Esq. Attorneys for Defendant THOMAS GAMBINO 32-75 Steinway Street, Suite 211 Astoria, NY 11103 Tel.: 718-274-1010 Fax: 718-274-1077 rc@acquistalaw.com 2 2 of 2