Preview
FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
..---------------- -------- --- X
STEVEN SWARZMAN,
NOTICE OF MOTION
Plaintiff,
-against- Index No. 653618/16
IAS Part 7
AIG PROPERTY CASUALTY COMPANY, (Justice Lebovits)
Defendant.
_______________________..---------- X
PLEASE TAKE NOTICE that upon the Affirmation of Costantino P. Suriano dated
November 13, 2018, with exhibits, and upon all pleadings and proceedings heretofore had
("Defendant"
herein, Defendant, AIG Property Casualty Company or "AIG Property "), will
move this Court at Room 130, New York County Courthouse, located at 60 Centre Street, New
York, New York on the 30th day of November 2018, at 9:30 o'clock in the forenoon of that day,
or as soon thereafter as counsel can be heard for an Order:
(1) pursuant to CPLR § 2307 issuing a So-Ordered subpoena to the Town of
Southampton, for a deposition and the documents requested by said subpoena, including, but not
limited to, documents in the possession of the Town of Southampton relating to the claim of
Steven Swarzman ("Plaintiff") for damage and repairs to 277 Surfside Drive, Bridgehampton,
New York 11932.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rules 2103 and 2214(b),
answering papers, if any, shall be served on Defendant's counsel no later than seven (7) days
before the return date of this motion.
Dated: New York, New York
November 13, 2018
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FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018
MOUND COTTON WOLLAN &
GREENGRASS LLP
c
By: t ao u n u f)
Costantmo P. Suriano
Robert S. Goodman
One New York Plaza, 44th Floor
New York, New York 10004
Phone: (212) 804-4200
Email: esuriano@moundcotton.com
Email: rgoodman@moundcotton.com
Attorneys for Defendant
TO: Elliot M. Schaktman
MARC S. BERN & PARTNERS, LLP
Attorneys for Plaintiff
42nd
60 East Street, Suite 950
New York, New York 10165
Town of Southampton
Department of Land Management
Building and Zoning Division
116 Hampton Road
Bridgehampton, New York 11968
2
2 of 3
FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018
AFFIRMATION OF SERVICE
Robert S. Goodman, an attorney admitted to practice before the Courts of the State of
New York, affirms under penalty of perjury pursuant to Rule 2106 of the New York Civil
Practice Law and Rules, that on November 13, 2018, a true copy of the attached NOTICE OF
MOTION was served by electronic means through the court's electronic filing system upon the
following:
Elliot M. Schaktman
Marc J, Bern & Partners LLP
Attorneys for Plaintiff
One Grand Central Place
42nd
60 East Street, Suite 950
New York, New York 10165
And that on November 13, 2018, a true copy of the attached NOTICE OF MOTION was served
by FedEx upon the following:
Town of Southampton by Michael Benineasa, Chief Building Inspector
Department of Land Management
Building and Zoning Division
116 Hampton Road
Bridgehampton, New York 11968
Dated: New York, New York
November 13, 2018
'
Robert S. Goodman
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Preview
FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ..---------------- -------- --- X STEVEN SWARZMAN, NOTICE OF MOTION Plaintiff, -against- Index No. 653618/16 IAS Part 7 AIG PROPERTY CASUALTY COMPANY, (Justice Lebovits) Defendant. _______________________..---------- X PLEASE TAKE NOTICE that upon the Affirmation of Costantino P. Suriano dated November 13, 2018, with exhibits, and upon all pleadings and proceedings heretofore had ("Defendant" herein, Defendant, AIG Property Casualty Company or "AIG Property "), will move this Court at Room 130, New York County Courthouse, located at 60 Centre Street, New York, New York on the 30th day of November 2018, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard for an Order: (1) pursuant to CPLR § 2307 issuing a So-Ordered subpoena to the Town of Southampton, for a deposition and the documents requested by said subpoena, including, but not limited to, documents in the possession of the Town of Southampton relating to the claim of Steven Swarzman ("Plaintiff") for damage and repairs to 277 Surfside Drive, Bridgehampton, New York 11932. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rules 2103 and 2214(b), answering papers, if any, shall be served on Defendant's counsel no later than seven (7) days before the return date of this motion. Dated: New York, New York November 13, 2018 1 1 of 3 FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018 MOUND COTTON WOLLAN & GREENGRASS LLP c By: t ao u n u f) Costantmo P. Suriano Robert S. Goodman One New York Plaza, 44th Floor New York, New York 10004 Phone: (212) 804-4200 Email: esuriano@moundcotton.com Email: rgoodman@moundcotton.com Attorneys for Defendant TO: Elliot M. Schaktman MARC S. BERN & PARTNERS, LLP Attorneys for Plaintiff 42nd 60 East Street, Suite 950 New York, New York 10165 Town of Southampton Department of Land Management Building and Zoning Division 116 Hampton Road Bridgehampton, New York 11968 2 2 of 3 FILED: NEW YORK COUNTY CLERK 11/13/2018 02:51 PM INDEX NO. 653618/2016 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/13/2018 AFFIRMATION OF SERVICE Robert S. Goodman, an attorney admitted to practice before the Courts of the State of New York, affirms under penalty of perjury pursuant to Rule 2106 of the New York Civil Practice Law and Rules, that on November 13, 2018, a true copy of the attached NOTICE OF MOTION was served by electronic means through the court's electronic filing system upon the following: Elliot M. Schaktman Marc J, Bern & Partners LLP Attorneys for Plaintiff One Grand Central Place 42nd 60 East Street, Suite 950 New York, New York 10165 And that on November 13, 2018, a true copy of the attached NOTICE OF MOTION was served by FedEx upon the following: Town of Southampton by Michael Benineasa, Chief Building Inspector Department of Land Management Building and Zoning Division 116 Hampton Road Bridgehampton, New York 11968 Dated: New York, New York November 13, 2018 ' Robert S. Goodman 3 of 3