On February 27, 2017 a
Party Notice
was filed
involving a dispute between
Esther Dipilato,
and
Alfred Dottario Jr.,
Andrew Scibelli,
Anthony Dipilato,
Sj Fuel Co. Inc.,
for Torts - Motor Vehicle
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 03/17/2023 03:14 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 03/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------ x
ESTHER DIPILATO,
NOTICE OF CROSS-MOTION
Plaintiff,
Index No: 750035/2018
-against-
ANTHONY DIPILATO, ALFRED DOTTARIO JR., and File No: 2018-023937
SAMMO, LLC,
Hon. Thomas P. Aliotta
Defendants. IAS Part: C-2
----------------------------------------------------------------------- x
ANTHONY DIPILATO and ALFRED DOTTARIO JR.,
Third-Party Plaintiffs,
-against
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION and THE NEW
YORK CITY DEPARTMENT OF PARKS AND
RECREATION,
Third-Party Defendants.
----------------------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Susan C. Ricciardi dated
March 17, 2023, the exhibits annexed thereto, and all of the prior papers, pleadings and
proceedings filed herein, Third-Party Defendants THE CITY OF NEW YORK, THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT
OF PARKS AND RECREATION (hereinafter collectively the “City”), will cross- move this
Court before Hon. Orlando J. Marrazzo, Jr., Part C-2, located at 26 Central Avenue, at the
Courthouse, Staten Island, New York 10301 on March 22, 2023 at 9:30 a.m. of that day, or as
1 of 2
FILED: RICHMOND COUNTY CLERK 03/17/2023 03:14 PM INDEX NO. 750035/2018
NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 03/17/2023
soon thereafter as counsel can be heard, for an Order pursuant to CPLR §1010, dismissing the
third-party complaint for belatedly filing against the third-party defendants, or in the alternative,
severing this action pursuant to CPLR §603 and §1010 and granting such other and further relief
as this Court deems just and proper.
Dated: Staten Island, New York
March 17, 2023
Yours,
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel of the City of New York
Attorney for the Third-Party Defendants
THE CITY OF NEW YORK,
60 Bay Street
Staten Island, New York 10301
By:
Susan C. Ricciardi
Senior Counsel
TO: Subin Associates
Attorneys for Plaintiff
150 Broadway
New York, NY 10038
Pollack, Pollack, Isaac & DeCicco Associates
Appellate Counsel to Subin
150 Broadway
New York, NY 10038
Law Office of Karen Lawrence
Attorneys for Defendants/Third-Party Plaintiffs
4 Metrotech
Brooklyn, NY 11201
2 of 2
Document Filed Date
March 17, 2023
Case Filing Date
February 27, 2017
Category
Torts - Motor Vehicle
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Preview
FILED: RICHMOND COUNTY CLERK 03/17/2023 03:14 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 03/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------ x ESTHER DIPILATO, NOTICE OF CROSS-MOTION Plaintiff, Index No: 750035/2018 -against- ANTHONY DIPILATO, ALFRED DOTTARIO JR., and File No: 2018-023937 SAMMO, LLC, Hon. Thomas P. Aliotta Defendants. IAS Part: C-2 ----------------------------------------------------------------------- x ANTHONY DIPILATO and ALFRED DOTTARIO JR., Third-Party Plaintiffs, -against THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, Third-Party Defendants. ----------------------------------------------------------------------x PLEASE TAKE NOTICE, that upon the annexed Affirmation of Susan C. Ricciardi dated March 17, 2023, the exhibits annexed thereto, and all of the prior papers, pleadings and proceedings filed herein, Third-Party Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION (hereinafter collectively the “City”), will cross- move this Court before Hon. Orlando J. Marrazzo, Jr., Part C-2, located at 26 Central Avenue, at the Courthouse, Staten Island, New York 10301 on March 22, 2023 at 9:30 a.m. of that day, or as 1 of 2 FILED: RICHMOND COUNTY CLERK 03/17/2023 03:14 PM INDEX NO. 750035/2018 NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 03/17/2023 soon thereafter as counsel can be heard, for an Order pursuant to CPLR §1010, dismissing the third-party complaint for belatedly filing against the third-party defendants, or in the alternative, severing this action pursuant to CPLR §603 and §1010 and granting such other and further relief as this Court deems just and proper. Dated: Staten Island, New York March 17, 2023 Yours, HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for the Third-Party Defendants THE CITY OF NEW YORK, 60 Bay Street Staten Island, New York 10301 By: Susan C. Ricciardi Senior Counsel TO: Subin Associates Attorneys for Plaintiff 150 Broadway New York, NY 10038 Pollack, Pollack, Isaac & DeCicco Associates Appellate Counsel to Subin 150 Broadway New York, NY 10038 Law Office of Karen Lawrence Attorneys for Defendants/Third-Party Plaintiffs 4 Metrotech Brooklyn, NY 11201 2 of 2