Motion,Ex Parte: Maria Lerner, Keith Lerner v. Sean A. Mclaughlin, Town Of Oyster Bay, Lincoln D. Elliot, Strickly Suffolk, Inc.

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                                FILED: NASSAU COUNTY CLERK 05/12/2023 10:45 AM                                                      INDEX NO. 607333/2020
NYSCEF DOC. NO. 83                                                                           RECEIVED NYSCEF: 05/12/2023




         SUPREME COURT OF THE STATE OF NEW YORK
         COUNTY OF NASSAU
         ----------------------------------------------------------------------x
         MARIA LERNER and KEITH LERNER,                                            Index No. 607333/2020

                                            Plaintiff(s),                          NOTICE
                                                                                   OF MOTION
                          - against -

         SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY,
         LINCOLN D. ELLIOTT and STRICKLY SUFFOLK, INC.

                                             Defendant(s).
         ----------------------------------------------------------------------x

                  PLEASE TAKE NOTICE, that upon the annexed affirmation of Bryan T. Schwartz, Esq.,

          dated May 12, 2023, and the exhibits annexed thereto; the memorandum of law, and upon all the

          pleadings and proceedings heretofore had herein, the defendants LINCOLN D. ELLIOTT and

          STRICKLY SUFFOLK, INC. (collectively, “Defendants”) will move this Court at an Individual

          Assignment Part at the Courthouse located at Motion Support Office, 100 Supreme Court Drive,

          Mineola, New York 11501 on the 16th day of June, 2023 at 9:30 o’clock in the forenoon of that

          day, or as soon thereafter as counsel can be heard, for an Order:

                           a. Pursuant to CPLR §2221(e), granting leave to renew the underlying amended
                              motion for summary judgment by Defendants LINCOLN D. ELLIOTT and
                              STRICKLY SUFFOLK, INC., dated August 11, 2020, which was decided by
                              Order dated June 9, 2021;

                           b. Upon renewal, pursuant to CPLR §3212, granting defendants LINCOLN D.
                              ELLIOTT and STRICKLY SUFFOLK, INC. summary judgment as to all
                              claims and cross-claims; and

                           c. For such other and further relief as this Court deems just and proper.




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FILED: NASSAU COUNTY CLERK 05/12/2023 10:45 AM                                                    INDEX NO. 607333/2020
NYSCEF DOC. NO. 83                                                                        RECEIVED NYSCEF: 05/12/2023




                 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering

          papers, if any, are to be served upon the undersigned at least seven (7) days prior to the return date.

          Dated: New York, New York
                 May 12, 2023

                                                         Yours etc.,

                                                         GALLO VITUCCI KLAR LLP

                                                         _________________________
                                                         By:    Bryan Schwartz, Esq.
                                                         Attorneys for Defendants
                                                         LINCOLN D. ELLIOTT and
                                                         STRICKLY SUFFOLK, INC.
                                                         90 Broad Street, 12th Floor
                                                         New York, New York 10004
                                                         (212) 683-7100
                                                         File No.: PIC-2020-001

         TO:     All Parties Via NYSCEF




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