Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------x Index No.: 155570/2016
ANTHONY MAGNI, (ECF)
Plaintiff,
v. AFFIRMATION IN
OPPOSITION
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC,
CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS
FOR BUSINESS, LLC., AND G&S CONCEPTS,
Defendants.
---------------------------------------------------------------------x
----------------------------------------------------------------------x Index No.: 595198/2017 (ECF)
POLSINELLI PC,
Third-Party Plaintiff,
v.
CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS,
INC.,
Third-Party Defendants.
----------------------------------------------------------------------x
Thomas B. Ferris, an attorney duly admitted to practice law before the Courts of New
York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106.
1. I am an attorney associated with the firm of Eustace, Marquez, Epstein, Prezioso
& Yapchanyk, attorneys for the Defendant Third Avenue Tower Owner, LLC and
Defendant/Third Party Plaintiff Polsinelli PC.
2. That your affirmant submits the following statement upon information and belief,
based upon an inspection of the records maintained by said attorney, which records your
affirmant believes to be true.
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019
3. This affirmation is submitted in opposition to the Defendant/Third Party
Defendant Concepts For Business, LLC’s (hereinafter “Concepts”) motion pursuant to CPLR
Section (a)(8) and (9) to dismiss the Complaint due to lack of jurisdiction.
4. While concepts denies any meaningful contacts, ties or relations to New York
there is a question of fact in this regard to its ties with Aurora Storage Products, Inc. from whom
Concepts admits it purchased the subject shelving ( See paragraph 10 of DeVita Attorney
Affirmation in support of Concept’s motion to dismiss). Based on this admission it is further
expected that Concepts had an ongoing relation with Aurora and has and had purchased other
products from Aurora for other clients.
5. Aurora Storage Products, Inc. is a registered Foreign Business Corporation in the
County of New York, New York (See Exhibit “A”; NYS Department of State Entity Status
Information). Aurora is an active corporation with an initial filing date of July 10, 2013. As such
at the very least through its transaction with Aurora Concepts lent itself to the jurisdiction of the
New York Courts. Indeed, in this case, Concepts purchased the subject shelving from a New
York registered corporation for installation in New York.
6. Secondly, Concepts maintains a website that appears to advertise and solicit
business from the entire country at www.conceptsforbusiness.com. A review of their printable
literature indicates more than half the products they sell are from Aurora a New York registered
Foreign Business Corporation. The website is accessible in New York and asks anyone to
contact them for “information about Concepts for Business, our services or our products” asking
any potential client to send an email and “one of our representatives will contact you right
away”.
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019
7. As such it appears that Concepts has advertised in New York in a continuous and
systemic fashion through the internet.
WHEREFORE, your affirmant prays for an Order denying the Motion and for such other
and further relief as the Court deems just and proper.
DATED: February 13, 2019
New York, New York
_____________________________
Thomas B. Ferris
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FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016
NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019
Index No.: 155570/2016 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Plaintiff,
against
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE
CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR BUSINESS, LLC.,
AND G&S CONCEPTS,
Defendants.
AND THIRD-PARTY ACTION.
AFFIRMATION IN OPPOSITION
_______________________________________________________________
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third Party Plaintiff
Polsinelli PC
Office and Post Office Address
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
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Preview
FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------x Index No.: 155570/2016 ANTHONY MAGNI, (ECF) Plaintiff, v. AFFIRMATION IN OPPOSITION THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR BUSINESS, LLC., AND G&S CONCEPTS, Defendants. ---------------------------------------------------------------------x ----------------------------------------------------------------------x Index No.: 595198/2017 (ECF) POLSINELLI PC, Third-Party Plaintiff, v. CONCEPTS FOR BUSINESS, LLC. AND G&S CONCEPTS, INC., Third-Party Defendants. ----------------------------------------------------------------------x Thomas B. Ferris, an attorney duly admitted to practice law before the Courts of New York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106. 1. I am an attorney associated with the firm of Eustace, Marquez, Epstein, Prezioso & Yapchanyk, attorneys for the Defendant Third Avenue Tower Owner, LLC and Defendant/Third Party Plaintiff Polsinelli PC. 2. That your affirmant submits the following statement upon information and belief, based upon an inspection of the records maintained by said attorney, which records your affirmant believes to be true. 1 of 4 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019 3. This affirmation is submitted in opposition to the Defendant/Third Party Defendant Concepts For Business, LLC’s (hereinafter “Concepts”) motion pursuant to CPLR Section (a)(8) and (9) to dismiss the Complaint due to lack of jurisdiction. 4. While concepts denies any meaningful contacts, ties or relations to New York there is a question of fact in this regard to its ties with Aurora Storage Products, Inc. from whom Concepts admits it purchased the subject shelving ( See paragraph 10 of DeVita Attorney Affirmation in support of Concept’s motion to dismiss). Based on this admission it is further expected that Concepts had an ongoing relation with Aurora and has and had purchased other products from Aurora for other clients. 5. Aurora Storage Products, Inc. is a registered Foreign Business Corporation in the County of New York, New York (See Exhibit “A”; NYS Department of State Entity Status Information). Aurora is an active corporation with an initial filing date of July 10, 2013. As such at the very least through its transaction with Aurora Concepts lent itself to the jurisdiction of the New York Courts. Indeed, in this case, Concepts purchased the subject shelving from a New York registered corporation for installation in New York. 6. Secondly, Concepts maintains a website that appears to advertise and solicit business from the entire country at www.conceptsforbusiness.com. A review of their printable literature indicates more than half the products they sell are from Aurora a New York registered Foreign Business Corporation. The website is accessible in New York and asks anyone to contact them for “information about Concepts for Business, our services or our products” asking any potential client to send an email and “one of our representatives will contact you right away”. 2 of 4 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019 7. As such it appears that Concepts has advertised in New York in a continuous and systemic fashion through the internet. WHEREFORE, your affirmant prays for an Order denying the Motion and for such other and further relief as the Court deems just and proper. DATED: February 13, 2019 New York, New York _____________________________ Thomas B. Ferris 3 of 4 FILED: NEW YORK COUNTY CLERK 02/14/2019 09:50 AM INDEX NO. 155570/2016 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 02/14/2019 Index No.: 155570/2016 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Plaintiff, against THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE CONSTRUCTION COMPANY, L.P.,CONCEPTS FOR BUSINESS, LLC., AND G&S CONCEPTS, Defendants. AND THIRD-PARTY ACTION. AFFIRMATION IN OPPOSITION _______________________________________________________________ EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff Polsinelli PC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 4 of 4