On December 06, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Nadine Brooks,
and
Capri Landscaping, Inc,
Shawn Delmore,
The City Of New York,
for Torts - Other Negligence (Trip and Fall)
in the District Court of Bronx County.
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FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------x
NADINE BROOKS,
NOTICE OF MOTION
Plaintiff,
Index No. 305540/2012E
- against -
City File No. 2012-031424
SHAWN DELMORE, CAPRI LANDSCAPING, INC.,
AND THE CITY OF NEW YORK,
Defendant.
------------------------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the annexed affirmation of RICHARD
MONTALVO dated April 11, 2022, the exhibits annexed thereto, and all of the papers, pleadings
and proceedings heretofore had and filed herein, Defendant THE CITY OF NEW YORK
(hereinafter “City”), will move before this Court IAS Part 3, located at 851 Grand Concourse,
Bronx, NY 10451 on July 21, 2022 at 10:00 a.m. of that day, or as soon thereafter as counsel can
be heard for an Order:
1. Pursuant to CPLR § 1021 and § 3211(a)(3), dismissing Plaintiff’s complaint
against defendant THE CITY OF NEW YORK on the grounds Plaintiff does not have the
necessary legal capacity to maintain a suit; and,
2. Granting such other and further relief as this Court deems just and proper.
The above entitled action is for property damages.
Pursuant to CPLR 2214(b), answering papers and/or cross motions with supporting
affidavits, if any, are to be served upon the undersigned at least seven (7) days prior to the return
date hereof.
1 of 2
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/27/2022
Dated: Bronx, New York
June 27, 2022
Yours,
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Defendant The City of New York
100 Church Street
New York, NY 10007
__________________________________
BY: RICHARD MONTALVO
Assistant Corporation Counsel
Tel: 718-503-5030
Email: rmontalv@law.nyc.gov
TO:
LAW OFFICES OF JASON A. GREENBERG, P.C.
Attorney for Plaintiff
350 South Ocean Ave, Suite 205
Freeport, New York 11520
(516) 730-5047
Via NYSCEF and Regular mail
EPSTEIN, GIALLEONARDO & RAYHILL
Attorneys for Defendant Capri Landscaping, Inc.
565 Taxter Road, Suite 275
Elmsford, New York 10525
No longer party to case per Court Order filed June 9, 2013 (Exhibit G)
SHAWN DELMORE
Pro Se Defendant
1371 Prospect Avenue
Bronx, New York 10459
Via regular mail and certified mail
2 of 2
Document Filed Date
June 27, 2022
Case Filing Date
December 06, 2021
Category
Torts - Other Negligence (Trip and Fall)
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FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------x NADINE BROOKS, NOTICE OF MOTION Plaintiff, Index No. 305540/2012E - against - City File No. 2012-031424 SHAWN DELMORE, CAPRI LANDSCAPING, INC., AND THE CITY OF NEW YORK, Defendant. ------------------------------------------------------------------------x PLEASE TAKE NOTICE, that upon the annexed affirmation of RICHARD MONTALVO dated April 11, 2022, the exhibits annexed thereto, and all of the papers, pleadings and proceedings heretofore had and filed herein, Defendant THE CITY OF NEW YORK (hereinafter “City”), will move before this Court IAS Part 3, located at 851 Grand Concourse, Bronx, NY 10451 on July 21, 2022 at 10:00 a.m. of that day, or as soon thereafter as counsel can be heard for an Order: 1. Pursuant to CPLR § 1021 and § 3211(a)(3), dismissing Plaintiff’s complaint against defendant THE CITY OF NEW YORK on the grounds Plaintiff does not have the necessary legal capacity to maintain a suit; and, 2. Granting such other and further relief as this Court deems just and proper. The above entitled action is for property damages. Pursuant to CPLR 2214(b), answering papers and/or cross motions with supporting affidavits, if any, are to be served upon the undersigned at least seven (7) days prior to the return date hereof. 1 of 2 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/27/2022 Dated: Bronx, New York June 27, 2022 Yours, HON. SYLVIA O. HINDS-RADIX Corporation Counsel Attorney for Defendant The City of New York 100 Church Street New York, NY 10007 __________________________________ BY: RICHARD MONTALVO Assistant Corporation Counsel Tel: 718-503-5030 Email: rmontalv@law.nyc.gov TO: LAW OFFICES OF JASON A. GREENBERG, P.C. Attorney for Plaintiff 350 South Ocean Ave, Suite 205 Freeport, New York 11520 (516) 730-5047 Via NYSCEF and Regular mail EPSTEIN, GIALLEONARDO & RAYHILL Attorneys for Defendant Capri Landscaping, Inc. 565 Taxter Road, Suite 275 Elmsford, New York 10525 No longer party to case per Court Order filed June 9, 2013 (Exhibit G) SHAWN DELMORE Pro Se Defendant 1371 Prospect Avenue Bronx, New York 10459 Via regular mail and certified mail 2 of 2