On October 15, 2020 a
Clerk Notice
was filed
involving a dispute between
Nugent Marine, Llc,
Patrick Nugent Derivatively
O B O Paul Nugent & Sons Marine Construction Corp.,
Patrick Nugent
Individually,
and
Paul Nugent Iii,
Reliant Custom Marine, Llc,
for Commercial Division
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 08/25/2023 02:36 PM INDEX NO. 611326/2020
NYSCEF DOC. NO. 335 RECEIVED NYSCEF: 08/25/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PATRICK NUGENT, Individually, PATRICK NUGENT Index No.: 611326/2020
Derivatively on behalf of PAUL NUGENT & SONS
MARINE CONSTRUCTION CORP. and NUGENT NOTICE OF REJECTION
MARINE, LLC,
Plaintiffs,
-against-
PAUL NUGENT III and RELIANT CUSTOM MARINE
LLC,
Defendants.
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PLEASE TAKE NOTICE that Plaintiffs/Counterclaim Defendants, PATRICK NUGENT
& PAUL NUGENT & SONS MARINE CONSTRUCTION CORP, by their attorneys, AHMUTY,
DEMERS & McMANUS, ESQS., hereby rejects the within Notice of Deposition filed by counsel
for Defendants, James E. Brandt, Esq. on August 24, 2023 for the deposition of Nugent Marine,
LLC noticed for September 14, 2023. (NYSCEF Doc. No. 332).
Defendant is not entitled to three (3) separate days of depositions for the same witness who
will be testifying on behalf of the Plaintiffs where the claims are all interrelated and arise from the
same set of facts and circumstances. Plaintiffs’ witness will be produced on one (1) mutually
convenient date and time with said deposition continuing day-to-day, if necessary, as directed by
Justice Driscoll in the Court’s Order dated August 22, 2023. (NYSCEF Doc. No. 331).
Further, the Notice of Deposition should be rejected for those reasons set forth in the
correspondence of Susan Mauro, Esq., dated August 17, 2023. (NYSCEF Doc. No. 330).
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FILED: NASSAU COUNTY CLERK 08/25/2023 02:36 PM INDEX NO. 611326/2020
NYSCEF DOC. NO. 335 RECEIVED NYSCEF: 08/25/2023
PLEASE TAKE FURTHER NOTICE that this NOTICE OF REJECTION is served and
filed without waiver of any rights or remedies otherwise available to Plaintiffs/Counter claim
Defendants, all of which are specifically reserved.
Dated: Albertson, New York
August 25, 2023
Yours, etc.
/s/ Susan Mauro, Esq.
SUSAN MAURO, ESQ.
AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Plaintiffs/Counterclaim Defendants
PATRICK NUGENT & PAUL NUGENT & SONS
MARINE CONSTRUCTION CORP
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
Our File No.: MS2 071320 FAC
To: Counsel of Record (Via NYSCEF)
2 of 2
Document Filed Date
August 25, 2023
Case Filing Date
October 15, 2020
Category
Commercial Division
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