On April 12, 2023 a
Party Notice
was filed
involving a dispute between
101-01 One Group, Llc,
and
New York City Department Of Finance,
New York City Department Of Housing Preservation And Development,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
In the Matter of the Application of
NOTICE OF CROSS-MOTION
101-01 ONE GROUP, LLC,
TO DISMISS THE PETITION
Petitioner,
Index No.: 153346/2023
For a Judgment Pursuant to Article 78 of the Civil
Practice Law and Rules,
-against-
NEW YORK CITY DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT and NEW
YORK CITY DEPARTMENT OF FINANCE,
Respondents.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE that upon the annexed affirmation of Assistant
Corporation Counsel, Isabella J. Kendrick, dated June 29, 2023, the Memorandum of Law in
Support of the Cross-Motion to Dismiss, dated June 29, 2023, and upon all the papers, pleadings,
and proceedings had and filed herein, the undersigned will cross-move this Court in the Motion
Submission Part, Room 130, of the Supreme Court of the State of New York, New York County,
located at 60 Centre Street, New York, New York 10007, on July 17, 2023, or as soon thereafter
as counsel can be heard, for an order (i) pursuant to Rule 3211(a)(5) and Section 217(1) of the CPLR,
dismissing the Petition as time-barred by the applicable four-month statute of limitations; (ii) and for
such other and further relief as this Court may deem just, proper and equitable.
PLEASE TAKE FURTHER NOTICE that, in the event that the Court denies this
cross-motion, the undersigned requests 30 days from service of the Court’s decision with Notice
of Entry thereof, to serve and file an Answer pursuant to CPLR §§ 3211(f), 7804(f).
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FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/30/2023
Dated: New York, New York
June 30, 2023
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel of the
City of New York
Attorney for Respondents
100 Church Street, Room 5-170
New York, New York 10007
Tel.: (212) 356-2210
By: __________________________
Isabella Kendrick
Assistant Corporation Counsel
2 of 2
Document Filed Date
June 30, 2023
Case Filing Date
April 12, 2023
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X In the Matter of the Application of NOTICE OF CROSS-MOTION 101-01 ONE GROUP, LLC, TO DISMISS THE PETITION Petitioner, Index No.: 153346/2023 For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, -against- NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT and NEW YORK CITY DEPARTMENT OF FINANCE, Respondents. ------------------------------------------------------------------------X PLEASE TAKE NOTICE that upon the annexed affirmation of Assistant Corporation Counsel, Isabella J. Kendrick, dated June 29, 2023, the Memorandum of Law in Support of the Cross-Motion to Dismiss, dated June 29, 2023, and upon all the papers, pleadings, and proceedings had and filed herein, the undersigned will cross-move this Court in the Motion Submission Part, Room 130, of the Supreme Court of the State of New York, New York County, located at 60 Centre Street, New York, New York 10007, on July 17, 2023, or as soon thereafter as counsel can be heard, for an order (i) pursuant to Rule 3211(a)(5) and Section 217(1) of the CPLR, dismissing the Petition as time-barred by the applicable four-month statute of limitations; (ii) and for such other and further relief as this Court may deem just, proper and equitable. PLEASE TAKE FURTHER NOTICE that, in the event that the Court denies this cross-motion, the undersigned requests 30 days from service of the Court’s decision with Notice of Entry thereof, to serve and file an Answer pursuant to CPLR §§ 3211(f), 7804(f). 1 of 2 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/30/2023 Dated: New York, New York June 30, 2023 HON. SYLVIA O. HINDS-RADIX Corporation Counsel of the City of New York Attorney for Respondents 100 Church Street, Room 5-170 New York, New York 10007 Tel.: (212) 356-2210 By: __________________________ Isabella Kendrick Assistant Corporation Counsel 2 of 2