On February 10, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Roy Rachpaul,
and
Athlectica Sports System, Inc.,
New York State Arena Partners, Llc.,
New York State Urban Development Corporation
D B A Empire State Development,
Ubs Arena
D B A Ubs Arena Foundation, Inc.,
for Torts - Other Negligence (Premises Labor/Product li)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023
EXHIBIT C
FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023
DCS/af 602495/23E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------______--________________________________-----Ç
ROY RACHPAUL,
AFFIDAVIT OF SIMON
Plaintiff, WYNN, ESQ.
-against- Index No. :602495/2023
NEW YORK STATE URBAN DEVELOPMENT CORPORATION
D/B/A EMPIRE STATE DEVELOPMENT; NEW YORK ARENA
PARTNERS, LLC.; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC
Defendants.
--------_____________________________-_______________-----------------_Ç
STATE OF NEW YORK )
SS.:
COUNTY OF NEW YORK )
SIMON WYNN, ESQ. being duly sworn deposes and says:
1. I am over the age of eighteen (18) years old.
2. I am employed as a Senior Counsel for Litigation since 2007 at the named
Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION
D/B/A EMPIRE STATE DEVELOPMENT ("ESD"), in the above captioned
matter.
3. I submit this affidavit in support of ESD's motion to dismiss for failure to state a
cause of action pursuant to CPLR 3211(a) (7), upon documentary evidence, as
Plaintiff failed to serve a notice of claim as required by Urban Development
Corporation Act § 31-a (McKinney's Unconsolidated Laws, § 6281-a) and
General Municipal Law § 50-e.
FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023
4. In his Complaint, Plaintiff claims personal injuries resulting from an incident that
allegedly occurred on February 9, 2022, at 2150 Hempstead Turnpike, Elmont,
New York 11003.
5. Defendant ESD is a State public authority charged with economic development
around the State and a public corporation for the purpose of Urban Development
Corporation Act § 31-a (McKinney's Unconsolidated Laws, § 6281-a) and
General Municipal Law § 50-e.
6. ESD did not receive any notice of claim for the alleged action as required by
Urban Development Corporation Act § 31-a (McKinney's Unconsolidated Laws,
§ 6281-a) and General Municipal Law § 50-e.
7. Service of Summons and Complaint on March three hundred and ninety-
7, 2023,
one (391) days after the date of the alleged incident, was ESD's first notice of the
incident.
I swear that the above information is true and accurate to the best of my knowledge and
recollection.
SIMON W , ESQ
Sworn to before me this
day of O , 2023
. Notary Public
JANE GROGAN
NOTARY PUBLIC-STATE ŒP NEW YORK
No. 01GR6028122
Qualified in New York County
My Commissiort Expires 07-19-- ..
Document Filed Date
August 29, 2023
Case Filing Date
February 10, 2023
Category
Torts - Other Negligence (Premises Labor/Product li)
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FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023 EXHIBIT C FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023 DCS/af 602495/23E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------______--________________________________-----Ç ROY RACHPAUL, AFFIDAVIT OF SIMON Plaintiff, WYNN, ESQ. -against- Index No. :602495/2023 NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LLC.; UBS ARENA D/B/A UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC Defendants. --------_____________________________-_______________-----------------_Ç STATE OF NEW YORK ) SS.: COUNTY OF NEW YORK ) SIMON WYNN, ESQ. being duly sworn deposes and says: 1. I am over the age of eighteen (18) years old. 2. I am employed as a Senior Counsel for Litigation since 2007 at the named Defendant, NEW YORK STATE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE STATE DEVELOPMENT ("ESD"), in the above captioned matter. 3. I submit this affidavit in support of ESD's motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a) (7), upon documentary evidence, as Plaintiff failed to serve a notice of claim as required by Urban Development Corporation Act § 31-a (McKinney's Unconsolidated Laws, § 6281-a) and General Municipal Law § 50-e. FILED: NASSAU COUNTY CLERK 08/29/2023 09:51 AM INDEX NO. 602495/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/29/2023 4. In his Complaint, Plaintiff claims personal injuries resulting from an incident that allegedly occurred on February 9, 2022, at 2150 Hempstead Turnpike, Elmont, New York 11003. 5. Defendant ESD is a State public authority charged with economic development around the State and a public corporation for the purpose of Urban Development Corporation Act § 31-a (McKinney's Unconsolidated Laws, § 6281-a) and General Municipal Law § 50-e. 6. ESD did not receive any notice of claim for the alleged action as required by Urban Development Corporation Act § 31-a (McKinney's Unconsolidated Laws, § 6281-a) and General Municipal Law § 50-e. 7. Service of Summons and Complaint on March three hundred and ninety- 7, 2023, one (391) days after the date of the alleged incident, was ESD's first notice of the incident. I swear that the above information is true and accurate to the best of my knowledge and recollection. SIMON W , ESQ Sworn to before me this day of O , 2023 . Notary Public JANE GROGAN NOTARY PUBLIC-STATE ŒP NEW YORK No. 01GR6028122 Qualified in New York County My Commissiort Expires 07-19-- ..