On July 12, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Luis Alberto Herrera,
and
Belmont Re, Llc,
Sutter Avenue Realty Co. Llc,
The City Of New York,
Trinchese Iron Works & Construction Inc,
for Torts - Other Negligence (Personal Injury)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022
FILE #: 31464
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
LUIS ALBERTO HERRERA,
Plaintiff, NOTICE OF MOTION
-against- INDEX #: 512147/2020
THE CITY OF NEW YORK, BELMONT RE, LLC
AND SUTTER AVENUE REALTY CO. LLC,
Defendants.
----------------------------------------------------------------------X
SUTTER AVENUE REALTY CO. LLC,
Third-Party Plaintiff,
-against-
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant.
--------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed affirmation of Bianca Cacace, Esq.,
duly affirmed on the 12th day of April, 2022, and upon the exhibits annexed hereto, and upon all
the pleadings and proceedings heretofore had herein, the Plaintiff will move in IAS Motion
Support Part thereof, at the Kings County courthouse located at 360 Adams Street, Brooklyn, New
York 11201, on the 12th day of May, 2022, at 9:30 o'clock in the forenoon of that day or as soon
thereafter as counsel can be heard for an order: 1) granting leave for Plaintiff to amend the
Summons and Complaint to add a new Defendant; 2) deeming same served on Answering
1 of 3
FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022
Defendants; and 3) for such other and further relief as to this Honorable Court may seem just and
proper.
PLEASE TAKE FURTHER NOTICE, that this motion is being served upon you more
than 16 days prior to the return date of the notice. Answering affidavits, if any, are to be served
upon this office at least 7 days prior to the return date of this notice.
DATED: New York, New York
April 12, 2022
Yours, etc.,
Bianca Cacace
BY: BIANCA CACACE, ESQ.
This NOTICE OF MOTION and the
papers on which it is based, are certified
pursuant to Section 130-1.1-a of the rules of
the Chief Administrator (22NYCRR)
SUBIN ASSOCIATES, LLP
Attorney for Plaintiff
150 Broadway, 23rd Floor
New York, New York 10038
(212) 285-3800
VIA NYSCEF TO:
SYLVIA HINDS-RADIX
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
350 Jay Street, 8th Floor
Brooklyn, New York 11201
NEWMAN LAW ASSOCIATES, PLLC
Attorneys for Defendants/Third-Party Defendant
BELMONT RE LLC and TRINCHESE IRON
WORKS & CONSTRUCTION INC.
111 John Street, Suite 1500
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
2 of 3
FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022
Attorneys for Defendant/Third-Party Plaintiff
SUTTER AVENUE REALTY CO. LLC
55 Water Street, 28th Floor
New York, New York 10041
3 of 3
Document Filed Date
April 12, 2022
Case Filing Date
July 12, 2020
Category
Torts - Other Negligence (Personal Injury)
Status
Disposed-Court Date/Application Pending
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FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022 FILE #: 31464 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X LUIS ALBERTO HERRERA, Plaintiff, NOTICE OF MOTION -against- INDEX #: 512147/2020 THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER AVENUE REALTY CO. LLC, Defendants. ----------------------------------------------------------------------X SUTTER AVENUE REALTY CO. LLC, Third-Party Plaintiff, -against- TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. --------------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affirmation of Bianca Cacace, Esq., duly affirmed on the 12th day of April, 2022, and upon the exhibits annexed hereto, and upon all the pleadings and proceedings heretofore had herein, the Plaintiff will move in IAS Motion Support Part thereof, at the Kings County courthouse located at 360 Adams Street, Brooklyn, New York 11201, on the 12th day of May, 2022, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an order: 1) granting leave for Plaintiff to amend the Summons and Complaint to add a new Defendant; 2) deeming same served on Answering 1 of 3 FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022 Defendants; and 3) for such other and further relief as to this Honorable Court may seem just and proper. PLEASE TAKE FURTHER NOTICE, that this motion is being served upon you more than 16 days prior to the return date of the notice. Answering affidavits, if any, are to be served upon this office at least 7 days prior to the return date of this notice. DATED: New York, New York April 12, 2022 Yours, etc., Bianca Cacace BY: BIANCA CACACE, ESQ. This NOTICE OF MOTION and the papers on which it is based, are certified pursuant to Section 130-1.1-a of the rules of the Chief Administrator (22NYCRR) SUBIN ASSOCIATES, LLP Attorney for Plaintiff 150 Broadway, 23rd Floor New York, New York 10038 (212) 285-3800 VIA NYSCEF TO: SYLVIA HINDS-RADIX CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 350 Jay Street, 8th Floor Brooklyn, New York 11201 NEWMAN LAW ASSOCIATES, PLLC Attorneys for Defendants/Third-Party Defendant BELMONT RE LLC and TRINCHESE IRON WORKS & CONSTRUCTION INC. 111 John Street, Suite 1500 New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK 2 of 3 FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 04/12/2022 Attorneys for Defendant/Third-Party Plaintiff SUTTER AVENUE REALTY CO. LLC 55 Water Street, 28th Floor New York, New York 10041 3 of 3