On December 16, 2022 a
Motion-Secondary
was filed
involving a dispute between
Simmons Jannace Deluca, Llp,
and
Incorporated Village Of Freeport,
for Commercial Division - Contract
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 06/09/2023 02:20 PM INDEX NO. 604673/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
____---_________..-----------------------------··-X
SIMMONS JANNACE DELUCA, LLP, Index No: 604673/2023
Plaintiff, AFFIRMATION in SUPPORT
-against-
INCORPORATED VILLAGE OF FREEPORT,
Defendant.
___------.._______.._________________________Ç
Mitchell R. Goldklang, an attorney duly admitted to practice law in the State of New
York, hereby affirms the following to be true under penalty of perjury pursuant to N.Y.
C.P.L.R.2106:
1. I am an associate of the Law Office of Steven Cohn, P.C. (hereinafter "firm"),
attorneys of record for Defendant the Village of Freeport and as such, am fully familiar with the
facts and circumstances of the above captioned matter as reflected by the legal file maintained by
this office and by my participation in the litigation of this action. I submit this affirmation in
support of Defendant, the Village of Freeport's Motion to Dismiss pursuant to CPLR 9802, for
failure to timely file a Notice of Claim for this Breach of Contract action. In support of Defendant's
motion, we submit the following exhibits.
2. Attached hereto as Exhibit A - is a true and correct of the Summons and
copy
Complaint filed in this action (NYSECF Doc. # 1).
3. Attached hereto as Exhibit B - is a true and correct copy of the Answer filed in this
action (NYSECF Doc. #: 6).
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FILED: NASSAU COUNTY CLERK 06/09/2023 02:20 PM INDEX NO. 604673/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/09/2023
4. Attached hereto as Exhibit C- is a true and correct of the Notice of Claim
copy
served upon the Defendants dated August 19, 2022, and served on the Village on August 22, 2022.
5. Attached hereto in support of the motion is the Affidavit of Village of Freeport
Mayor Robert Kennedy.
6. Attached hereto as Exhibit "D"- is a true and correct of the NYSECF Court
copy
Docket of the AVZ litigation Index No.: 607889/2015, Supreme Court, Nassau County).
7. Attached hereto is Defendants Statement of Material Facts.
8. Attached hereto is Defendants Memorandum of Law in support of its Motion to
Dismiss pursuant to 9802.
Dated: Carle Place, New York
June 9, 2023
Law Office of Stev n Cohn, PC
Mitchell . dkYng, Esq.
Attorney fo the Village
One 01 untry Road, Suite 420
Carle Place, New York 11514
(516) 294-6410 x 15
2 of 2
Document Filed Date
June 09, 2023
Case Filing Date
December 16, 2022
Category
Commercial Division - Contract
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FILED: NASSAU COUNTY CLERK 06/09/2023 02:20 PM INDEX NO. 604673/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ____---_________..-----------------------------··-X SIMMONS JANNACE DELUCA, LLP, Index No: 604673/2023 Plaintiff, AFFIRMATION in SUPPORT -against- INCORPORATED VILLAGE OF FREEPORT, Defendant. ___------.._______.._________________________Ç Mitchell R. Goldklang, an attorney duly admitted to practice law in the State of New York, hereby affirms the following to be true under penalty of perjury pursuant to N.Y. C.P.L.R.2106: 1. I am an associate of the Law Office of Steven Cohn, P.C. (hereinafter "firm"), attorneys of record for Defendant the Village of Freeport and as such, am fully familiar with the facts and circumstances of the above captioned matter as reflected by the legal file maintained by this office and by my participation in the litigation of this action. I submit this affirmation in support of Defendant, the Village of Freeport's Motion to Dismiss pursuant to CPLR 9802, for failure to timely file a Notice of Claim for this Breach of Contract action. In support of Defendant's motion, we submit the following exhibits. 2. Attached hereto as Exhibit A - is a true and correct of the Summons and copy Complaint filed in this action (NYSECF Doc. # 1). 3. Attached hereto as Exhibit B - is a true and correct copy of the Answer filed in this action (NYSECF Doc. #: 6). 1 of 2 FILED: NASSAU COUNTY CLERK 06/09/2023 02:20 PM INDEX NO. 604673/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/09/2023 4. Attached hereto as Exhibit C- is a true and correct of the Notice of Claim copy served upon the Defendants dated August 19, 2022, and served on the Village on August 22, 2022. 5. Attached hereto in support of the motion is the Affidavit of Village of Freeport Mayor Robert Kennedy. 6. Attached hereto as Exhibit "D"- is a true and correct of the NYSECF Court copy Docket of the AVZ litigation Index No.: 607889/2015, Supreme Court, Nassau County). 7. Attached hereto is Defendants Statement of Material Facts. 8. Attached hereto is Defendants Memorandum of Law in support of its Motion to Dismiss pursuant to 9802. Dated: Carle Place, New York June 9, 2023 Law Office of Stev n Cohn, PC Mitchell . dkYng, Esq. Attorney fo the Village One 01 untry Road, Suite 420 Carle Place, New York 11514 (516) 294-6410 x 15 2 of 2