On September 07, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Brian C. Prusik,
and
Geddes Federal Savings And Loan Association,
Liberty Mutual Insurance Group Inc.,
for Commercial Division
in the District Court of Onondaga County.
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FILED: ONONDAGA COUNTY CLERK 11/29/2021 05:36 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 11/29/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
BRIAN C. PRUSIK
Plaintiff,
NOTICE OF MOTION
vs.
Index No.: E008588/2018
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN
Judge Gregory R. Gilbert
ASSOCIATION,
Defendants.
MOTION BY: Plaintiff Brian C. Prusik
Andrew J. Ryan, Esq.
Woods Oviatt Gilman LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
585.987.2800
DATE, TIME AND At a date and time to be set by the Court at Onondaga County Supreme
PLACE OF HEARING: Court, 401 Montgomery St., Syracuse, NY 13202
Plaintiff requests oral argument.
RELIEF SOUGHT: An Order: granting Plaintiff's motion for summary judgment against
Defendant Geddes Federal Savings and Loan Association pursuant to
CPLR 3212 as follows:
(a) Partial summary judgment on his Third and Fourth Causes
of Action; and
(b) Summary judgment on his Fifth Cause of Action for
violation of RPAPL §1308; and
(c) Summary judgment dismissing Defendant Geddes'
counterclaims in their entirety; and
(d) Granting such other and further relief as to this Court seems
just and proper.
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FILED: ONONDAGA COUNTY CLERK 11/29/2021 05:36 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 11/29/2021
SUPPORTING PAPERS: (1) Affirmation of Andrew J. Ryan, Esq., with exhibits attached
thereto, dated November 29, 2021;
(2) Affidavit of Brian C. Prusik, with exhibits annexed thereto
dated May 3, 2019;
(3) Affidavit of Brian C. Prusik, dated July 16, 2019; and
(4) Memorandum of Law on behalf of Plaintiff, Brian C. Prusik,
in support of his Motion for Summary Judgment, dated
November 29, 2021.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering
papers and any notice of cross-motion, with supporting papers, if any, are required to be served
upon the undersigned at least seven (7) days before the return date.
DATED: November 29, 2021
Rochester, New York WOODS OVIATT GILMAN LLP
By: /s/ Andrew J. Ryan
Andrew J. Ryan, Esq.
Attorneys for Plaintiff
1900 Bausch & Lomb Place
Rochester, New York 14644
(585) 987-2800
aryan@woodsoviatt.com
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Document Filed Date
November 29, 2021
Case Filing Date
September 07, 2018
Category
Commercial Division
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FILED: ONONDAGA COUNTY CLERK 11/29/2021 05:36 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 11/29/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA BRIAN C. PRUSIK Plaintiff, NOTICE OF MOTION vs. Index No.: E008588/2018 LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN Judge Gregory R. Gilbert ASSOCIATION, Defendants. MOTION BY: Plaintiff Brian C. Prusik Andrew J. Ryan, Esq. Woods Oviatt Gilman LLP 1900 Bausch & Lomb Place Rochester, New York 14604 585.987.2800 DATE, TIME AND At a date and time to be set by the Court at Onondaga County Supreme PLACE OF HEARING: Court, 401 Montgomery St., Syracuse, NY 13202 Plaintiff requests oral argument. RELIEF SOUGHT: An Order: granting Plaintiff's motion for summary judgment against Defendant Geddes Federal Savings and Loan Association pursuant to CPLR 3212 as follows: (a) Partial summary judgment on his Third and Fourth Causes of Action; and (b) Summary judgment on his Fifth Cause of Action for violation of RPAPL §1308; and (c) Summary judgment dismissing Defendant Geddes' counterclaims in their entirety; and (d) Granting such other and further relief as to this Court seems just and proper. {8688421: } 1 of 2 FILED: ONONDAGA COUNTY CLERK 11/29/2021 05:36 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 214 RECEIVED NYSCEF: 11/29/2021 SUPPORTING PAPERS: (1) Affirmation of Andrew J. Ryan, Esq., with exhibits attached thereto, dated November 29, 2021; (2) Affidavit of Brian C. Prusik, with exhibits annexed thereto dated May 3, 2019; (3) Affidavit of Brian C. Prusik, dated July 16, 2019; and (4) Memorandum of Law on behalf of Plaintiff, Brian C. Prusik, in support of his Motion for Summary Judgment, dated November 29, 2021. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), answering papers and any notice of cross-motion, with supporting papers, if any, are required to be served upon the undersigned at least seven (7) days before the return date. DATED: November 29, 2021 Rochester, New York WOODS OVIATT GILMAN LLP By: /s/ Andrew J. Ryan Andrew J. Ryan, Esq. Attorneys for Plaintiff 1900 Bausch & Lomb Place Rochester, New York 14644 (585) 987-2800 aryan@woodsoviatt.com {8688421: } 2 2 of 2