Preview
FILED: KINGS COUNTY CLERK 01/17/2024 02:49 PM INDEX NO. 501718/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.:
Date Purchased:
WE 490A JEFFERSON LLC,
Plaintiff designates KINGS County
Plaintiff(s), as the Venue for this action
SUMMONS
-against- Plaintiff’s Principal Place of
Business: C/O WEISSMAN
EQUITIES, LLC 69 CHARLTON
INGRID BRYAN,
STREET, NEW YORK, NY 10014
Defendant(s). The basis of the venue is where a
large part of the events giving rise
to this lawsuit occurred
YOU ARE HEREBY SUMMONED AND REQUIRED TO SUBMIT to plaintiff’s
attorneys’ at the address stated below, answering papers on this motion within the time provided
in the attached notice of motion. This action will be heard in the Supreme Court of the State of
New York, County of Kings, at 360 Adams Street, Brooklyn, NY 11201 on March 26, 2024, in
CCP-ORAL ARGUMENT PART, ROOM 276, at 9:30AM, and your time to answer or
otherwise appear in this action will vary as provided in CPLR § 320, a copy of which is provided
below. Upon your failure to answer or otherwise appear, judgment may be taken against you for
the sum of $101,994.73, together with statutory pre-judgment interest from the date of decision
giving rise to the damages herein 1/19/2022, costs and disbursements of this action, and for such
other and further relief as the court deems proper.
Dated: New York, New York
January 17, 2024
KUCKER MARINO
WINIARSKY& BITTENS, LLP
ADDRESS OF DEFENDANT(S) Attorneys for Plaintiff
INGRID BRYAN 747 Third Avenue
37 RANDOLPH PL 39 New York, New York 10017
NEWARK, NJ 07108-1207 Tel.: (212) 869-5030
E-mail: rdayan@kuckermarino.com
By: __________________________
Rafael D. Dayan, Esq.
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FILED: KINGS COUNTY CLERK 01/17/2024 02:49 PM INDEX NO. 501718/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2024
R 320. Defendant’s appearance
(a) Requirement of appearance. The defendant appears by serving an answer or a notice of
appearance, or by making a motion which has the effect of extending the time to answer. An
appearance shall be made within twenty days after service of the summons, except that if the
summons was served on the defendant by delivering it to an official of the state authorized to
receive service in his behalf or if it was served pursuant to section 303, subdivision two, three, four
or five of section 308, or sections 313, 314 or 315, the appearance shall be made within thirty days
after service is complete. If the complaint is not served with the summons, the time to appear may
be extended as provided in subdivision (b) of section 3012.
(b) When appearance confers personal jurisdiction, generally. Subject to the provisions of
subdivision (c), an appearance of the defendant is equivalent to personal service of the summons
upon him, unless an objection to jurisdiction under paragraph eight of subdivision (a) of rule 3211
is asserted by motion or in the answer as provided in rule 3211.
(c) When appearance confers personal jurisdiction, in certain actions; limited appearance. When
the court’s jurisdiction is not based upon personal service on the defendant, an appearance is not
equivalent to personal service upon the defendant:
1. in a case specified in subdivision (3) of section 314, if jurisdiction is based solely upon a levy
on defendant’s property within the state pursuant to an order of attachment; or
2. in any other case specified in section 314, if an objection to jurisdiction under paragraphs eight
or nine of subdivision (a) of rule 3211, or both, is asserted by motion or in the answer as provided
in rule 3211, unless the defendant proceeds with the defense after asserting the objection to
jurisdiction and the objection is not ultimately sustained.
(d) Appearance after first publication. Where the defendant appears during the period of
publication of a summons against him, the service by publication shall be deemed completed by
the appearance.
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Preview
FILED: KINGS COUNTY CLERK 01/17/2024 02:49 PM INDEX NO. 501718/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: Date Purchased: WE 490A JEFFERSON LLC, Plaintiff designates KINGS County Plaintiff(s), as the Venue for this action SUMMONS -against- Plaintiff’s Principal Place of Business: C/O WEISSMAN EQUITIES, LLC 69 CHARLTON INGRID BRYAN, STREET, NEW YORK, NY 10014 Defendant(s). The basis of the venue is where a large part of the events giving rise to this lawsuit occurred YOU ARE HEREBY SUMMONED AND REQUIRED TO SUBMIT to plaintiff’s attorneys’ at the address stated below, answering papers on this motion within the time provided in the attached notice of motion. This action will be heard in the Supreme Court of the State of New York, County of Kings, at 360 Adams Street, Brooklyn, NY 11201 on March 26, 2024, in CCP-ORAL ARGUMENT PART, ROOM 276, at 9:30AM, and your time to answer or otherwise appear in this action will vary as provided in CPLR § 320, a copy of which is provided below. Upon your failure to answer or otherwise appear, judgment may be taken against you for the sum of $101,994.73, together with statutory pre-judgment interest from the date of decision giving rise to the damages herein 1/19/2022, costs and disbursements of this action, and for such other and further relief as the court deems proper. Dated: New York, New York January 17, 2024 KUCKER MARINO WINIARSKY& BITTENS, LLP ADDRESS OF DEFENDANT(S) Attorneys for Plaintiff INGRID BRYAN 747 Third Avenue 37 RANDOLPH PL 39 New York, New York 10017 NEWARK, NJ 07108-1207 Tel.: (212) 869-5030 E-mail: rdayan@kuckermarino.com By: __________________________ Rafael D. Dayan, Esq. [8929-0048] 1 of 2 FILED: KINGS COUNTY CLERK 01/17/2024 02:49 PM INDEX NO. 501718/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/17/2024 R 320. Defendant’s appearance (a) Requirement of appearance. The defendant appears by serving an answer or a notice of appearance, or by making a motion which has the effect of extending the time to answer. An appearance shall be made within twenty days after service of the summons, except that if the summons was served on the defendant by delivering it to an official of the state authorized to receive service in his behalf or if it was served pursuant to section 303, subdivision two, three, four or five of section 308, or sections 313, 314 or 315, the appearance shall be made within thirty days after service is complete. If the complaint is not served with the summons, the time to appear may be extended as provided in subdivision (b) of section 3012. (b) When appearance confers personal jurisdiction, generally. Subject to the provisions of subdivision (c), an appearance of the defendant is equivalent to personal service of the summons upon him, unless an objection to jurisdiction under paragraph eight of subdivision (a) of rule 3211 is asserted by motion or in the answer as provided in rule 3211. (c) When appearance confers personal jurisdiction, in certain actions; limited appearance. When the court’s jurisdiction is not based upon personal service on the defendant, an appearance is not equivalent to personal service upon the defendant: 1. in a case specified in subdivision (3) of section 314, if jurisdiction is based solely upon a levy on defendant’s property within the state pursuant to an order of attachment; or 2. in any other case specified in section 314, if an objection to jurisdiction under paragraphs eight or nine of subdivision (a) of rule 3211, or both, is asserted by motion or in the answer as provided in rule 3211, unless the defendant proceeds with the defense after asserting the objection to jurisdiction and the objection is not ultimately sustained. (d) Appearance after first publication. Where the defendant appears during the period of publication of a summons against him, the service by publication shall be deemed completed by the appearance. [8929-0048] 2 of 2