On December 20, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Krysal-Lou Irani,
Manek Irani,
and
Town Of North Hempstead,
for Torts - Other (Slip & Fall)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 06/25/2021 11:47 AM INDEX NO. 617794/2019
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
KRYSAL-LOU IRANI and MANEK IRANI, Index No.: 617794/2019
Plaintiffs, NOTICE OF MOTION FOR
DISMISSAL AND SUMMARY
-against-
JUDGMENT WITH
AFFIRMATION IN SUPPORT
TOWN OF NORTH HEMPSTEAD, HON. Christopher G. J.S.C.
Quinn,
Defendant.
Return Date: July 29, 2021
COUNSEL:
PLEASE TAKE NOTICE that upon the annexed Selena Berbig, Assistant Town Attorney,
of counsel to LEONARD G. KAPSALIS, Town Attorney, attorney for defendant, the TOWN OF
NORTHHEMPSTEAD (the "TOWN"), dated June 22, 2021, and the exhibits attached thereto, and
upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court,
before the Hon. Christopher G. Quinn, J.S.C., at the Courthouse located at 100 Supreme Court
Drive, Mineola, New York, on the 29th day of July, 2021 at 9:30 a.m., or as soon thereafter as
counsel can be heard, for an Order pursuant to C.P.L.R. §§3211, 3212, granting summaryjudgment
in favor ofthe TOWN OF NORTHHEMPSTEAD and dismissing the Complaint asserted against it
on the grounds that:
The TOWN did not receive prior written notice of the claimed defective condition of the
sidewalk in front of 2 Haddon Road, New Hyde Park and no exception to the prior written rule
exists.
1 of 2
FILED: NASSAU COUNTY CLERK 06/25/2021 11:47 AM INDEX NO. 617794/2019
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/25/2021
PLEASE TAKE FURTHERNOTICE THAT pursuant to C.P.L.R. §2214(b), answering papers, if
any, are to be served at least seven (7) days before the returndate of the within motion.
Dated: Manhasset, New York
June 25, 2021
Yours, etc.,
LEONARD G. KAPSALIS, Town Attorney
By:
SelenaJedf
Assisfant Town Attorney
TOWN OF NORTH HEMPSTEAD
220 Plandome Road
Manhasset, New York 11030
(516) 869-7600
File No.: TI-18-0136
TO:
Theodore A. Naima
Law Offices of Theodore A. Naima, P.C.
Attorneys for Plaintiffs
1399 Franklin Avenue, Suite 202
Garden City, New York 11530
(516) 280-7311
2
2 of 2
Document Filed Date
June 25, 2021
Case Filing Date
December 20, 2019
Category
Torts - Other (Slip & Fall)
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FILED: NASSAU COUNTY CLERK 06/25/2021 11:47 AM INDEX NO. 617794/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU KRYSAL-LOU IRANI and MANEK IRANI, Index No.: 617794/2019 Plaintiffs, NOTICE OF MOTION FOR DISMISSAL AND SUMMARY -against- JUDGMENT WITH AFFIRMATION IN SUPPORT TOWN OF NORTH HEMPSTEAD, HON. Christopher G. J.S.C. Quinn, Defendant. Return Date: July 29, 2021 COUNSEL: PLEASE TAKE NOTICE that upon the annexed Selena Berbig, Assistant Town Attorney, of counsel to LEONARD G. KAPSALIS, Town Attorney, attorney for defendant, the TOWN OF NORTHHEMPSTEAD (the "TOWN"), dated June 22, 2021, and the exhibits attached thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court, before the Hon. Christopher G. Quinn, J.S.C., at the Courthouse located at 100 Supreme Court Drive, Mineola, New York, on the 29th day of July, 2021 at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order pursuant to C.P.L.R. §§3211, 3212, granting summaryjudgment in favor ofthe TOWN OF NORTHHEMPSTEAD and dismissing the Complaint asserted against it on the grounds that: The TOWN did not receive prior written notice of the claimed defective condition of the sidewalk in front of 2 Haddon Road, New Hyde Park and no exception to the prior written rule exists. 1 of 2 FILED: NASSAU COUNTY CLERK 06/25/2021 11:47 AM INDEX NO. 617794/2019 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/25/2021 PLEASE TAKE FURTHERNOTICE THAT pursuant to C.P.L.R. §2214(b), answering papers, if any, are to be served at least seven (7) days before the returndate of the within motion. Dated: Manhasset, New York June 25, 2021 Yours, etc., LEONARD G. KAPSALIS, Town Attorney By: SelenaJedf Assisfant Town Attorney TOWN OF NORTH HEMPSTEAD 220 Plandome Road Manhasset, New York 11030 (516) 869-7600 File No.: TI-18-0136 TO: Theodore A. Naima Law Offices of Theodore A. Naima, P.C. Attorneys for Plaintiffs 1399 Franklin Avenue, Suite 202 Garden City, New York 11530 (516) 280-7311 2 2 of 2