Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
E-FILE
ANTHONY MAGNI,
Plaintiff, NOTICE OF MOTION
-against- Index No.: 155570/2016
THIRD AVENUE TOWER OWNER, LLC, Third-Party Index No.: 595198/2017E
POLSINELLI PC and CLUNE CONSTRUCTION
COMPANY, L.P., CONCEPT FOR BUSINESS, LLC
and G & S CONCEPTS, INC.,
Defendants.
------------------------------
-----------------------X
POLSINELLI PC,
Third-Party Plaintiff,
-against-
CONCEPTS FOR BUSINESS, LLC and G & S
CONCEPTS, INC.,
Third-Party Defendants.
C O U N S E L O R S :
PLEASE TAKE NOTICE, that upon the annexed affirmation Stephen R Macho duly
affirmed the 9th day of April, 2019, and the exhibits annexed hereto, and upon all the pleadings
and proceedings in this case, these attorneys will move this Court at Room 130 at the Supreme
Court, County of New York, located at the courthouse at 60 Centre Street, New York, New York
10007 on May 2, 2019 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as
counsel may be heard, for an order pursuant to CPLR § 3212(a), for summary judgment on
behalf of defendant, G&S CONCEPTS, INC., dismissing the Plaintiff's action against them, as
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FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019
well as any and all third-party claims, cross claims and counterclairs; and for such other and
further relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that answering Affidavits, Affirmations, and/or
any cross-motions, must be served upon the undersigned as per CPLR 2214(b) at least seven (7)
days before the return date.
Dated: New York, New York
April 9, 2019
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant/Third-Party
Defendant
G & S CONCEPTS, INC.
61 Broadway, Suite 2000
New York, New York 10006
212.233.7195
By:
SÉnIEN R. MACHO
LJAA File No.: 0114.1572.NY00
TO:
SACKSTEIN, SACKSTEIN & LEE
Attorneys for Plaintiff
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
516.248.2234
LEWIS BRISBOIS BISGAARD & SMITH
Attorneys for Defendant
CLUNE CONSTRUCTION COMPANY, L.P.
77 Water Street, Suite 2100
New York, New York 10038
212.232.1393
EUSTACE, MARQUEZ, EPSTEIN,
PREZIOSO & YAPCHANYK
Attorneys for Defendant
THIRD AVENUE TOWER OWNER, LLC
Attorneys for Defendant/Third-Party Plaintiff
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FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019
POLSINELLI, PC
29th
55 Water Street, FlOOr
New York, New York 10041
212.612.4200
LAW OFFICE OF TOBAIS & KUHN
Attorneys for Defendant
CONCEPTS FOR BUSINESS, LLC
100 William Street, Suite 902
New York, New York 10038
212.553.8700
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Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK E-FILE ANTHONY MAGNI, Plaintiff, NOTICE OF MOTION -against- Index No.: 155570/2016 THIRD AVENUE TOWER OWNER, LLC, Third-Party Index No.: 595198/2017E POLSINELLI PC and CLUNE CONSTRUCTION COMPANY, L.P., CONCEPT FOR BUSINESS, LLC and G & S CONCEPTS, INC., Defendants. ------------------------------ -----------------------X POLSINELLI PC, Third-Party Plaintiff, -against- CONCEPTS FOR BUSINESS, LLC and G & S CONCEPTS, INC., Third-Party Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that upon the annexed affirmation Stephen R Macho duly affirmed the 9th day of April, 2019, and the exhibits annexed hereto, and upon all the pleadings and proceedings in this case, these attorneys will move this Court at Room 130 at the Supreme Court, County of New York, located at the courthouse at 60 Centre Street, New York, New York 10007 on May 2, 2019 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel may be heard, for an order pursuant to CPLR § 3212(a), for summary judgment on behalf of defendant, G&S CONCEPTS, INC., dismissing the Plaintiff's action against them, as 1 of 3 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019 well as any and all third-party claims, cross claims and counterclairs; and for such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that answering Affidavits, Affirmations, and/or any cross-motions, must be served upon the undersigned as per CPLR 2214(b) at least seven (7) days before the return date. Dated: New York, New York April 9, 2019 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant/Third-Party Defendant G & S CONCEPTS, INC. 61 Broadway, Suite 2000 New York, New York 10006 212.233.7195 By: SÉnIEN R. MACHO LJAA File No.: 0114.1572.NY00 TO: SACKSTEIN, SACKSTEIN & LEE Attorneys for Plaintiff 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 516.248.2234 LEWIS BRISBOIS BISGAARD & SMITH Attorneys for Defendant CLUNE CONSTRUCTION COMPANY, L.P. 77 Water Street, Suite 2100 New York, New York 10038 212.232.1393 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant THIRD AVENUE TOWER OWNER, LLC Attorneys for Defendant/Third-Party Plaintiff 2 2 of 3 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 04/10/2019 POLSINELLI, PC 29th 55 Water Street, FlOOr New York, New York 10041 212.612.4200 LAW OFFICE OF TOBAIS & KUHN Attorneys for Defendant CONCEPTS FOR BUSINESS, LLC 100 William Street, Suite 902 New York, New York 10038 212.553.8700 3 of 3