On August 30, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Ipfs Of New York, Llc, A Subsidiary Of Ipfs Corporation,
and
Necg Inc., D B A Northeast Construction Group,
for Commercial - Contract
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 03/09/2022 11:09 AM INDEX NO. 616801/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
____-----------___________________________________________________________Ç
IPFS OF NEW YORK, LLC, a subsidiary of
IPFS Corporation, Index No.: 616801/2021
Plaintiff,
- against - NOTICE OF MOTION FOR
SUMMARY JUDGMENT
NECG INC., d/b/a Northeast Construction Group,
Motion Seq. No. 001
Defendant.
__________________________________________________________________________Ç
PLEASE TAKE NOTICE that upon the annexed Statement of Material Facts;
and upon the annexed Affidavit of Melissa Waal, sworn to on the 1st day of March, 2022, and
the Exhibits attached thereto; and upon the accompanying Affirmation of Mark D. Speed, Esq.,
sworn to on the 7th day of March, 2022, and the Exhibits attached thereto; and upon the
accompanying Memorandum of Law; and upon all the pleadings and proceedings heretofore had
herein, the undersigned will move this Court at an I.A.S. Part to be assigned, at the Courthouse,
located at 1 Court Street, Riverhead, New York, on April 4, 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 Rule 3212 granting plaintiff IPFS of New York, LLC, a subsidiary of IPFS Corporation,
summary judgment on the First and Second Causes of Action set forth in the Complaint; and
striking defendant's affirmative defenses; upon the ground that there are no defenses to the First
and Second Causes of Action set forth in the Complaint, and defendant's affirmative defenses
have no merit; and for such other and further relief as this Court may deem just and proper.
The above-entitled action is for breach of contract.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b),
answering affidavits, if any, are required to be served upon the undersigned at least
1 of 2
FILED: SUFFOLK COUNTY CLERK 03/09/2022 11:09 AM INDEX NO. 616801/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/09/2022
seven (7) days before the return date of this motion.
Date: New York, New York
March 9, 2022
Yours, etc.,
LAW OFFICE OF MARK D. SPEED
By:
Mark D. Speed
Attorney for Plaintiff
37* 95
39 West Street, Floor
New York, New York 10018
(212) 344-3339
TO: MESSINA PERILLO HILL, LLP (by electronic filing)
Attorneys for Defendant
2
2 of 2
Document Filed Date
March 09, 2022
Case Filing Date
August 30, 2021
Category
Commercial - Contract
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FILED: SUFFOLK COUNTY CLERK 03/09/2022 11:09 AM INDEX NO. 616801/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ____-----------___________________________________________________________Ç IPFS OF NEW YORK, LLC, a subsidiary of IPFS Corporation, Index No.: 616801/2021 Plaintiff, - against - NOTICE OF MOTION FOR SUMMARY JUDGMENT NECG INC., d/b/a Northeast Construction Group, Motion Seq. No. 001 Defendant. __________________________________________________________________________Ç PLEASE TAKE NOTICE that upon the annexed Statement of Material Facts; and upon the annexed Affidavit of Melissa Waal, sworn to on the 1st day of March, 2022, and the Exhibits attached thereto; and upon the accompanying Affirmation of Mark D. Speed, Esq., sworn to on the 7th day of March, 2022, and the Exhibits attached thereto; and upon the accompanying Memorandum of Law; and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at an I.A.S. Part to be assigned, at the Courthouse, located at 1 Court Street, Riverhead, New York, on April 4, 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 Rule 3212 granting plaintiff IPFS of New York, LLC, a subsidiary of IPFS Corporation, summary judgment on the First and Second Causes of Action set forth in the Complaint; and striking defendant's affirmative defenses; upon the ground that there are no defenses to the First and Second Causes of Action set forth in the Complaint, and defendant's affirmative defenses have no merit; and for such other and further relief as this Court may deem just and proper. The above-entitled action is for breach of contract. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least 1 of 2 FILED: SUFFOLK COUNTY CLERK 03/09/2022 11:09 AM INDEX NO. 616801/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/09/2022 seven (7) days before the return date of this motion. Date: New York, New York March 9, 2022 Yours, etc., LAW OFFICE OF MARK D. SPEED By: Mark D. Speed Attorney for Plaintiff 37* 95 39 West Street, Floor New York, New York 10018 (212) 344-3339 TO: MESSINA PERILLO HILL, LLP (by electronic filing) Attorneys for Defendant 2 2 of 2