Preview
FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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DARREN CONFESSORE AND DIANE SCHULTZ, Index No.: 720317/2023
Plaintiffs NOTICE OF MOTION
-against- Return Date: 2.9.2024
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
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PLEASE TAKE NOTICE, that upon the annexed affirmation of NICHOLAS BLATTI,
duly affirmed on January 5, 2024, the affidavit of Plaintiff DIANE SCHULTZ, and upon all of the
pleadings and prior proceedings had herein, the undersigned will move this Court before an IAS Judge
Hom, in Part 14 thereof, at the Courthouse located at Queens Supreme Court, 25-10 Court Square,
Queens, New York, NY 11101, on February 8, 2024 at 9:30am o'clock in the forenoon of that day, or as
soon thereafter as counsel can be heard, for an Order:
(1) pursuant to CPLR §3212 granting Summary Judgment on the issue of liability;
(2) dismissing Defendants Affirmative Defense of comparative negligence and failure to use
a seatbelt on the part of the Plaintiff;
(3) pursuant to CPLR §3212(c) for an immediate trial for the purpose of assessing damages
after filing of the Note of Issue, and
(4) for such other and further relief as to this Court seems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering papers, if any, are to be served upon
the undersigned not less than seven (7) days prior to the return date herein.
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FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024
Dated: New York, New York
January 5, 2024
Yours, etc.
Nicholas Blatti
NICHOLAS BLATTI
LAW OFFICES OF DARREN T. MOORE, PC
Attorneys for Plaintiff
DIANE SCHULTZ
171 Madison Avenue, Suite 305
New York, NY 10016
TEL: (917) 809-7014
TO:
LAW OFFICE OF JOHN TROP
Attorney for Defendants
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
LAW OFFICE OF MICHAEL FERRO & ASSOCIATES
Attorney for Darren Confessore on the CC
2 Huntington Quadrangle, STE 1N01
Melville, NY 11747
THE LICATESI LAW GROUP
Attorney for Plaintiff
DARREN CONFESSORE
434 RXR Plaza
Uniondale, NY 11556
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FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024
Index No.: 720317/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
DARREN CONFESSORE AND DIANE SCHULTZ,
Plaintiffs
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
NOTICE OF MOTION
LAW OFFICES OF DARREN T. MOORE PC.,
Attorneys for Plaintiff
171 Madison Avenue, Suite 305
New York, New York 10016
(917) 809-7014
Pursuant to 22NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of the
State of New York, certifies, that, upon information and belief and reasonable inquiry, the contentions
contained in the annexed document are not frivolous.
Nicholas Blatti
_______________________________
Nicholas Blatti, ESQ.
3 of 3
Preview
FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X DARREN CONFESSORE AND DIANE SCHULTZ, Index No.: 720317/2023 Plaintiffs NOTICE OF MOTION -against- Return Date: 2.9.2024 SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affirmation of NICHOLAS BLATTI, duly affirmed on January 5, 2024, the affidavit of Plaintiff DIANE SCHULTZ, and upon all of the pleadings and prior proceedings had herein, the undersigned will move this Court before an IAS Judge Hom, in Part 14 thereof, at the Courthouse located at Queens Supreme Court, 25-10 Court Square, Queens, New York, NY 11101, on February 8, 2024 at 9:30am o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order: (1) pursuant to CPLR §3212 granting Summary Judgment on the issue of liability; (2) dismissing Defendants Affirmative Defense of comparative negligence and failure to use a seatbelt on the part of the Plaintiff; (3) pursuant to CPLR §3212(c) for an immediate trial for the purpose of assessing damages after filing of the Note of Issue, and (4) for such other and further relief as to this Court seems just and proper. PLEASE TAKE FURTHER NOTICE, that answering papers, if any, are to be served upon the undersigned not less than seven (7) days prior to the return date herein. 1 of 3 FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024 Dated: New York, New York January 5, 2024 Yours, etc. Nicholas Blatti NICHOLAS BLATTI LAW OFFICES OF DARREN T. MOORE, PC Attorneys for Plaintiff DIANE SCHULTZ 171 Madison Avenue, Suite 305 New York, NY 10016 TEL: (917) 809-7014 TO: LAW OFFICE OF JOHN TROP Attorney for Defendants SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 LAW OFFICE OF MICHAEL FERRO & ASSOCIATES Attorney for Darren Confessore on the CC 2 Huntington Quadrangle, STE 1N01 Melville, NY 11747 THE LICATESI LAW GROUP Attorney for Plaintiff DARREN CONFESSORE 434 RXR Plaza Uniondale, NY 11556 2 of 3 FILED: QUEENS COUNTY CLERK 01/15/2024 05:04 PM INDEX NO. 720317/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/15/2024 Index No.: 720317/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS DARREN CONFESSORE AND DIANE SCHULTZ, Plaintiffs -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. NOTICE OF MOTION LAW OFFICES OF DARREN T. MOORE PC., Attorneys for Plaintiff 171 Madison Avenue, Suite 305 New York, New York 10016 (917) 809-7014 Pursuant to 22NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of the State of New York, certifies, that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Nicholas Blatti _______________________________ Nicholas Blatti, ESQ. 3 of 3