Preview
FILED: SCHUYLER COUNTY CLERK 03/02/2021 12:04 PM INDEX NO. e2020-0072
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/02/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHUYLER
___________________________________________
ERIE INSURANCE COMPANY a/s/o LAKE NOTICE OF ENTRY
TOWN & COUNTRY SEPTIC
Plaintiff, Index No.: E2020-0072
vs.
WILLIAM H. BARNETT
Defendant.
___________________________________________
PLEASE TAKE NOTICE, that the within is a true copy of an ORDER, duly entered by
the clerk of the court on or about March 1, 2021.
DATED: East Syracuse, New York
March 1, 2021
Yours, etc.
________________________________
BY: J. William Savage, Esq
Law Office of J. William Savage
Attorneys for Defendant
WILLIAM H. BARNETT
6320 Fly Road, Suite 107
East Syracuse, NY 13057
315-446-4705
TO: Alexandra DiFusco, Esq.
Robert Stern, Esq.
Clausen Miller P.C.
Attorneys for Plaintiff
ERIE INSURANCE A/S/O
LAKE TOWN & COUNTY SEPTIC
28 Liberty Street, 39th Floor
New York, NY 10005
212-805-3900
1 of 3
FILED: SCHUYLER COUNTY
ED : SCHUYLER
F II COUNTY CLERK
CLERK 03/02/2021
03/02/2021 11: 47p PM
12:04 INDEX NO. e2020-0072
INDEX NO. e2020-0072
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 20
22 RECEIVED NYSCEF: 03/01/2021
RECEIVED NYSCEF: 03/02/2021
At a Special Term of the Supreme Court
of the State of New York, held in and for
the County of Schuyler, in Watkins Glen,
268
New York on day of February 2021.
Present: Hon. Christopher P. Baker,JSC
Justice Presiding
STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHUYLER
ERIE INSURANCE COMPANY a/s/o LAKE
TOWN & COUNTRY SEPTIC
ORDER
Plaintif
's.
Index No.: E2020-0072
WILLIAM H. BARNETT
Defendant.
The Defendant, William H. Barnett, by and through his counsel, Law Office of J.
William Savage, having moved this Court for an Order pursuant to CPLR §3012(b), dismiccing
Plaintiff's causes of action; and said motion having duly come before the Hoñoiable Christopher
P. Baker, JSC, on February 26, 2021, and appearing on behalf of Defendant, J. William Savage,
Esq., and no appearance on behalf of Plaintiff.
Now, upon reading the Notice of Motion dated January 7, 2021, the supporting Attorney
Affirmation of J. William Savage, Esq. dated January 7, 2021, together with attached exhibits;
and upon the Attorney Affirmation in opposition of Alexandra DiFusco, Esq. dated February 18,
2021, with attached exhibits; and upon the Reply Affirmation of J. William Savage, Esq. in
further support dated February 22, 2021, with s'tsched exhibits; and the Court having issued a
bench decision, it is hereby,
of 32
21 of
FILED:
FILED : SCHUYLER
SCHUYLER COUNTY
COUNTY CLERK
CLERK 03/02/2021
03/02 12:04 PM INDEX
INDEX NO. e2020-0072
NO. e2020-0072
NYSCEF
NYSCEF DOC.
DOC. NO. 22
NO. 20 RECEIVED
RECEIVED 03/01/2021
NYSCEF: 03/02/2021
NYSCEF:
ORDERED, that Defendant's Motion to Dismiss Plaintiff's causes of action pursuant to
CPLR §3012(b), is GRANTED in its entirety. d •
DATED: ,
Hon. Christopher P. Baker, JSC
ENTER:
Distribution List
Michele Ormsbee, Chief Clerk
Robert Stem, Esq./Alexandra Esq.
DiFusco,
J. William Savage, Esq.
2 of
3 of 2
3
Preview
FILED: SCHUYLER COUNTY CLERK 03/02/2021 12:04 PM INDEX NO. e2020-0072 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 03/02/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SCHUYLER ___________________________________________ ERIE INSURANCE COMPANY a/s/o LAKE NOTICE OF ENTRY TOWN & COUNTRY SEPTIC Plaintiff, Index No.: E2020-0072 vs. WILLIAM H. BARNETT Defendant. ___________________________________________ PLEASE TAKE NOTICE, that the within is a true copy of an ORDER, duly entered by the clerk of the court on or about March 1, 2021. DATED: East Syracuse, New York March 1, 2021 Yours, etc. ________________________________ BY: J. William Savage, Esq Law Office of J. William Savage Attorneys for Defendant WILLIAM H. BARNETT 6320 Fly Road, Suite 107 East Syracuse, NY 13057 315-446-4705 TO: Alexandra DiFusco, Esq. Robert Stern, Esq. Clausen Miller P.C. Attorneys for Plaintiff ERIE INSURANCE A/S/O LAKE TOWN & COUNTY SEPTIC 28 Liberty Street, 39th Floor New York, NY 10005 212-805-3900 1 of 3 FILED: SCHUYLER COUNTY ED : SCHUYLER F II COUNTY CLERK CLERK 03/02/2021 03/02/2021 11: 47p PM 12:04 INDEX NO. e2020-0072 INDEX NO. e2020-0072 NYSCEF DOC. NYSCEF DOC. NO. NO. 20 22 RECEIVED NYSCEF: 03/01/2021 RECEIVED NYSCEF: 03/02/2021 At a Special Term of the Supreme Court of the State of New York, held in and for the County of Schuyler, in Watkins Glen, 268 New York on day of February 2021. Present: Hon. Christopher P. Baker,JSC Justice Presiding STATE OF NEW YORK SUPREME COURT COUNTY OF SCHUYLER ERIE INSURANCE COMPANY a/s/o LAKE TOWN & COUNTRY SEPTIC ORDER Plaintif 's. Index No.: E2020-0072 WILLIAM H. BARNETT Defendant. The Defendant, William H. Barnett, by and through his counsel, Law Office of J. William Savage, having moved this Court for an Order pursuant to CPLR §3012(b), dismiccing Plaintiff's causes of action; and said motion having duly come before the Hoñoiable Christopher P. Baker, JSC, on February 26, 2021, and appearing on behalf of Defendant, J. William Savage, Esq., and no appearance on behalf of Plaintiff. Now, upon reading the Notice of Motion dated January 7, 2021, the supporting Attorney Affirmation of J. William Savage, Esq. dated January 7, 2021, together with attached exhibits; and upon the Attorney Affirmation in opposition of Alexandra DiFusco, Esq. dated February 18, 2021, with attached exhibits; and upon the Reply Affirmation of J. William Savage, Esq. in further support dated February 22, 2021, with s'tsched exhibits; and the Court having issued a bench decision, it is hereby, of 32 21 of FILED: FILED : SCHUYLER SCHUYLER COUNTY COUNTY CLERK CLERK 03/02/2021 03/02 12:04 PM INDEX INDEX NO. e2020-0072 NO. e2020-0072 NYSCEF NYSCEF DOC. DOC. NO. 22 NO. 20 RECEIVED RECEIVED 03/01/2021 NYSCEF: 03/02/2021 NYSCEF: ORDERED, that Defendant's Motion to Dismiss Plaintiff's causes of action pursuant to CPLR §3012(b), is GRANTED in its entirety. d • DATED: , Hon. Christopher P. Baker, JSC ENTER: Distribution List Michele Ormsbee, Chief Clerk Robert Stem, Esq./Alexandra Esq. DiFusco, J. William Savage, Esq. 2 of 3 of 2 3