On April 10, 2023 a
Motion-Secondary
was filed
involving a dispute between
Vox Funding Llc,
and
Cci Holdings Group Llc
D B A Cci Concrete,
Peter Pitesa,
for Commercial - Contract
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No.: 605805/2023
VOX FUNDING LLC,
Plaintiff,
AFFIRMATION IN
vs. OPPOSITION OF MOTION
TO DISMISS
CCI HOLDINGS GROUP LLC D/B/A CCI
CONCRETE AND PETER PITESA,
Defendants.
STATE OF: NEW YORK
COUNTY OF: NASSAU
YOSEF C. FELDMAN, an attorney duly admitted to practice law in the State of New York,
affirm under the penalty of perjury the following:
1. I am a member of the law firm Lieberman and Klestzick, LLP, counsel for the
Plaintiff, VOX FUNDING LLC. (“Plaintiff”).
2. The following statements are made on information and belief based on my personal
review of the facts of this matter, my examination of the relevant files maintained by this office
in the regular course of business.
3. I am fully familiar with the facts and circumstances asserted herein. I submit this
affirmation in opposition to Defendant’s Motion to dismiss. This affirmation is made based on
my personal review of the facts of this matter, the prior pleadings had herein, as well as a
review of the relevant files maintained by this office in the regular course of business.
1 of 3
FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023
4. Defendants Motion to Dismiss should be denied as Plaintiff’s claims have merit
and this court jurisdiction is proper.
5. Until the court rules on the enforceability on the Agreement, the Plaintiff’s claims
of unjust enrichment are not duplicative as a matter in law.
6. In view of the foregoing, it is respectfully requested that this Court deny the
Defendants’ motion to dismiss.
Nassau County, New York Respectfully submitted,
July 18, 2023
By: ___________________
Yosef C. Feldman, Esq.
Lieberman and Klestzick, LLP
Attorneys for Plaintiff
71 S Central Avenue
Valley Stream NY 11580
P: 516-900-6720
Email: yosef@landklegal.com
2 of 3
FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023
WORD COUNT CERTIFICATION
I hereby certify pursuant to part 202.8-b of the Uniform Civil Rules for the Supreme Court
& the County Court that this document according to the word count tool on Microsoft Word, the
total number of words in this document is 208, consistent with the rule that (i) affidavits,
affirmations, briefs and memoranda of law in chief be limited to 7,000 words each; (ii) reply
affidavits, affirmations, and memoranda be no more than 4,200 words, and do not contain any
arguments that do not respond or relate to those made in the memoranda in chief.
By:
___________________
Yosef C. Feldman, Esq.
Lieberman and Klestzick, LLP
Attorneys for Plaintiff
71 S Central Avenue
Valley Stream NY 11580
P: 516-900-6720
Email: yosef@landklegal.com
3 of 3
Document Filed Date
July 18, 2023
Case Filing Date
April 10, 2023
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No.: 605805/2023 VOX FUNDING LLC, Plaintiff, AFFIRMATION IN vs. OPPOSITION OF MOTION TO DISMISS CCI HOLDINGS GROUP LLC D/B/A CCI CONCRETE AND PETER PITESA, Defendants. STATE OF: NEW YORK COUNTY OF: NASSAU YOSEF C. FELDMAN, an attorney duly admitted to practice law in the State of New York, affirm under the penalty of perjury the following: 1. I am a member of the law firm Lieberman and Klestzick, LLP, counsel for the Plaintiff, VOX FUNDING LLC. (“Plaintiff”). 2. The following statements are made on information and belief based on my personal review of the facts of this matter, my examination of the relevant files maintained by this office in the regular course of business. 3. I am fully familiar with the facts and circumstances asserted herein. I submit this affirmation in opposition to Defendant’s Motion to dismiss. This affirmation is made based on my personal review of the facts of this matter, the prior pleadings had herein, as well as a review of the relevant files maintained by this office in the regular course of business. 1 of 3 FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023 4. Defendants Motion to Dismiss should be denied as Plaintiff’s claims have merit and this court jurisdiction is proper. 5. Until the court rules on the enforceability on the Agreement, the Plaintiff’s claims of unjust enrichment are not duplicative as a matter in law. 6. In view of the foregoing, it is respectfully requested that this Court deny the Defendants’ motion to dismiss. Nassau County, New York Respectfully submitted, July 18, 2023 By: ___________________ Yosef C. Feldman, Esq. Lieberman and Klestzick, LLP Attorneys for Plaintiff 71 S Central Avenue Valley Stream NY 11580 P: 516-900-6720 Email: yosef@landklegal.com 2 of 3 FILED: NASSAU COUNTY CLERK 07/18/2023 06:11 PM INDEX NO. 605805/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/18/2023 WORD COUNT CERTIFICATION I hereby certify pursuant to part 202.8-b of the Uniform Civil Rules for the Supreme Court & the County Court that this document according to the word count tool on Microsoft Word, the total number of words in this document is 208, consistent with the rule that (i) affidavits, affirmations, briefs and memoranda of law in chief be limited to 7,000 words each; (ii) reply affidavits, affirmations, and memoranda be no more than 4,200 words, and do not contain any arguments that do not respond or relate to those made in the memoranda in chief. By: ___________________ Yosef C. Feldman, Esq. Lieberman and Klestzick, LLP Attorneys for Plaintiff 71 S Central Avenue Valley Stream NY 11580 P: 516-900-6720 Email: yosef@landklegal.com 3 of 3