Motion-Secondary: Pearl Delta Funding, Llc v. Peak Title Agency Co. A/K/A PEAK TITLE CO, Tobby Jablonski, Juan Ruiz Jr

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                                FILED: NASSAU COUNTY CLERK 03/16/2023 04:10 PM                                                     INDEX NO. 600378/2023
NYSCEF DOC. NO. 29                                                                          RECEIVED NYSCEF: 03/16/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NASSAU
          -----------------------------------------------------------------------X
          PEARL DELTA FUNDING, LLC                                                   Index No.: 600378/2023
                                             PLAINTIFF,


                           -against-                                                 AFFIRMATION IN
                                                                                     SUPPORT


          PEAK TITLE AGENCY CO ET AL
                                             DEFENDANTS
          -----------------------------------------------------------------------X
          Dominick Dale, Esq., being duly sworn, deposes and says, under penalty of perjury pursuant to

          CPLR § 2106:

          1.        That I am a duly licensed attorney of the Law Office of Dominick Dale, Esq attorney(s)

          for Defendants PEAK TITLE AGENCY CO ET AL (hereinafter, “Defendants”). As such, I am

          fully familiar with the facts and circumstances herein. I make this affirmation upon my personal

          knowledge, conversations I have had with my clients, and the court file.

          2.        I submit this affirmation in opposition to Plaintiff’s motion for an Order: a) pursuant

          to CPLR 3211(b), dismissing the Defendants’ affirmative defenses; and b) granting Plaintiff such

          other and further relief as the Court deems just and proper.

          3.        True, correct, and complete copies of the pleadings are attached hereto as Exhibit A.

          4.        The attached memorandum of law sets forth the reasons that plaintiff’s motion should be

          denied.

          WHEREFORE, it is respectfully requested that plaintiff’s motion seeking an order pursuant

          to CPLR 3211(b), dismissing the Defendants’ affirmative defenses; and granting Plaintiff such

          other and further relief as the Court deems just and proper be denied in its entirety.




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FILED: NASSAU COUNTY CLERK 03/16/2023 04:10 PM                               INDEX NO. 600378/2023
NYSCEF DOC. NO. 29                                                     RECEIVED NYSCEF: 03/16/2023




          Dated: March 16, 2023
                 Queens, New York

                                                    DOMINICK DALE, ESQ
                                                    ____________________________
                                                    Dominick Dale, Esq
                                                    Attorney for the defendant(s)
                                                    7002 Nansen Street
                                                    Forest Hills NY 11375
                                                    (917) 816 8327

          To:
          Christopher R. Murray, Esq.
          Murray Legal, PLLC
          170 Old Country Rd., Suite 608
          Mineola, New York 11501
          Tel: (516) 260-7367




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