On September 23, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Esmelin Pena,
Leonela Pena,
and
Van Courtlandt Assets Llc,
for Other Matters - Contract - Other
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX : IAS PART 6
---------------------------------------------------------------------x
ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E
Motion Seq. # 1
Plaintiffs,
--against-- NOTICE OF MOTION
(Summary Judgment)
VAN COURTLANDT ASSETS LLC,
Defendant.
---------------------------------------------------------------------x
PLEASE TAKE NOTICE that upon the affirmation of Thomas J. Hillgardner, dated
November 22, 2022, the affidavit of Esmelin Pena sworn to on the 26th day of October 2022, the
exhibits annexed thereto, the memorandum of law dated November 22, 2022, and all the
proceedings had herein heretofore, the undersigned will make a motion to this Court at the
courthouse located at 851 Grand Concourse, Bronx, New York, Motion Support Office (Room
217) thereof, on the 16th day of December 2022, at 9:30 am of that day, or as soon thereafter as
counsel may be heard, for an order:
(a) pursuant to CPLR 3212 granting plaintiff summary judgment dismissing
defendant's first counterclaim upon the grounds that it is without merit;
(b) pursuant to CPLR 3211 (b) dismissing defendant's Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Tenth, and Twelfth affirmative defenses upon the grounds
that they are inapplicable based on the facts stated and claims involved and/or
that they lack merit;
(c) pursuant to CPLR 3212 granting plaintiff summary judgment on all of the causes
of action in the complaint and dismissing defendant's affirmative defenses upon
the grounds that there is no dispute as to any material fact such that judgment may
be entered as a matter of law; and
(d) granting plaintiff any such other and further relief that to this Court seems just and
proper.
1 of 2
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/22/2022
PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, shall be served on
the undersigned at least seven (7) days prior to the return date hereof.
DATED: Jamaica, New York
November 22, 2022
S J. HILLGARDNER, ESQ.
y for Plaintiff
170th Street
Jamaica, New York 11432
Tel: (718) 657-0606
Email: tomhillgardner@gmail.com
TO: Novick Edelstein Pomerantz P.C.
733 Yonkers Avenue, Suite 600
Yonkers, New York 10704
2 of 2
Document Filed Date
November 22, 2022
Case Filing Date
September 23, 2020
Category
Other Matters - Contract - Other
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Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX : IAS PART 6 ---------------------------------------------------------------------x ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E Motion Seq. # 1 Plaintiffs, --against-- NOTICE OF MOTION (Summary Judgment) VAN COURTLANDT ASSETS LLC, Defendant. ---------------------------------------------------------------------x PLEASE TAKE NOTICE that upon the affirmation of Thomas J. Hillgardner, dated November 22, 2022, the affidavit of Esmelin Pena sworn to on the 26th day of October 2022, the exhibits annexed thereto, the memorandum of law dated November 22, 2022, and all the proceedings had herein heretofore, the undersigned will make a motion to this Court at the courthouse located at 851 Grand Concourse, Bronx, New York, Motion Support Office (Room 217) thereof, on the 16th day of December 2022, at 9:30 am of that day, or as soon thereafter as counsel may be heard, for an order: (a) pursuant to CPLR 3212 granting plaintiff summary judgment dismissing defendant's first counterclaim upon the grounds that it is without merit; (b) pursuant to CPLR 3211 (b) dismissing defendant's Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, and Twelfth affirmative defenses upon the grounds that they are inapplicable based on the facts stated and claims involved and/or that they lack merit; (c) pursuant to CPLR 3212 granting plaintiff summary judgment on all of the causes of action in the complaint and dismissing defendant's affirmative defenses upon the grounds that there is no dispute as to any material fact such that judgment may be entered as a matter of law; and (d) granting plaintiff any such other and further relief that to this Court seems just and proper. 1 of 2 FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/22/2022 PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, shall be served on the undersigned at least seven (7) days prior to the return date hereof. DATED: Jamaica, New York November 22, 2022 S J. HILLGARDNER, ESQ. y for Plaintiff 170th Street Jamaica, New York 11432 Tel: (718) 657-0606 Email: tomhillgardner@gmail.com TO: Novick Edelstein Pomerantz P.C. 733 Yonkers Avenue, Suite 600 Yonkers, New York 10704 2 of 2