Preview
FILED: NASSAU COUNTY CLERK 12/08/2023 02:03 PM INDEX NO. 604165/2023
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------x
MICHAEL REITER and
ALEX REITER, Index No.: 604165/2023
Plaintiffs, NOTICE OF ENTRY
-against-
GOLD COAST MASERATI and
BANK OF AMERICA,
Defendants,
---------------------------------------x
PLEASE TAKE NOTICE that the within is a true copy of order duly entered in
5th
the office of the Clerk of the Supreme Court of New York, County of Nassau, on the
day of December, 2023.
Dated: December 8, 2016
Long Island City, NY
KASELL LAW FIRM
/s/
David M. Kasell, Esq.
1038 Jackson Ave., #4
Long Island City, NY 11101
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FILED: NASSAU COUNTY CLERK 12/05/2023
12/08/2023 11:03
02:03AMPM INDEX
INDEX
NO.
NO.
604165/2023
604165/2023
F ILED : NASSAU COUNTY CLERK
NYSCEF
NYSCEF
DOC.
DOC.
NO.
NO.
37
36
RECEIVED
RECEIVED
NYSCEF:
NYSCEF:
12/08/2023
11/30/2023
SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
Present: HON, FRANGIS RICIGUANO
Supreme Court Justice
X
MICHAEL REETER and ALEX REITER,
DECISION and ORDER
Plaintim,
PART 27
-againsp
TNDEX NO. 604165 B
GOLD COAST MASERATI and BANK OF AMERICA
Motion Seq. 1-2
Defendards.
The papers wére read on this inction NYSCEF DOCS
following
........................ ... .. Fi -
Affidavits, AffirmatioTis, Exhibits, Memos
The defendants LLC, d/h/a God Coast Maserati (hereinafter
Recovery Racing V(3
"Gold and Bank of America's respective inetions, pursuant to CPLR 321 Ifa)(1). (7) and
Coast"),
plaintiffs'
(S), to dismiss the complaint as agalust Bem due to a lack of personal jurisdiction or,
in.the alterriative based upon documentary evidence and the hilure to state a cause of action are
detennined as hereinafter provided.
On 9/30/22 the plaindff Ales Reiter entered into a retail installment contract with Oc!d
Coast for the purchase ofa ased 2022 BMW MS (see plainñff s exhibit A). On or about I/23/23
plaindffs' of the vehicle and re&nd the
the counsel demanded that Qold Coast accept the return
ftill purchase price and down payment together with a 2019 Mercedes.Benz C class trade-in (see
plaintiffs' causes
eýibn C)..Ultimately, on 3/10/23 the plaintiffs commenced this action alleglog
of action for, inter alia, fraud aftd violations of General Business I aw §34% The defendant Bank
of America is affe!ed to he derivatively liable for Gqid Coast actions.
Service of process was allegedly effecttiated upon Gold Coast on 3A ??23 through service
Reynolds"
upon "Sharon a:receptionist. Service was made upon the Bank of America
reportedly
on 3/15/23 through service upon a gorporate officer, "Victoria Jacobs".
ThebranchofGoki Coast^s motion, pursuant to CPLR 321 ItaX8), to dismiss the
comphûnt as against u due to a lack of fersonal jurisdiction is premised upon the plaintifty
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FILED: NASSAU COUNTY CLERK 12/08/2023 02:03 AMPM INDEX NO. 604165/2023
F ILED : NASSAU COUNTY CLERK INDEX NO. 604165/2023
12/05/2023 11:03
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/08/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/30/2023
service upon areceptionist rathertkan tpon "an nif1cer, director, iniulaging agent, pr cashiet or
assistant cashier or to any other agent atahorized law teceivnervice"
by appointmentwo to as
mandated by CPLR §3-11(1) (see Commissiongp Mark Greerïbere Real Esiate Cm,_j1C, 203
IS
M)3d 657 DÆL, 2022) ly. dismis3ed 38 NYEd I l is i 5/16722]L Diselssatis warradted
v¿here "there is no gyidence that she was an officer, director, managî;ug agent, cashier. ør an
behaff'
agent authorized by appointment to accept service on their I lossain Eab Cab Com..57
[2"' 2008]· [2nd
AD34 484, 485 Dept.. Gleiger v. Americanâjrlines; 30 AD3d 376 Dept 2006]).
Here, Gold Coust relida apod the 4/14/23 aftdavit of its malmgørt Gregg Hayirn,. which expliciñy
avers. in pertinem part, that Sharon Reynolds "is not a member. manager, ar an agentauthmized
to accept service on behalf of defendant:Gold Coast'
(para. 9).
Howevert the disputed iffidavit of service asserts that Ms. Reynolds provided verbal
ñffrmøini1 that ... Wile is âuthotized to a.ccept by appointateñtur law to recei#e so vice on
pehalf of[thfs] defertdant'. An affidavit to the contrary n·om Mst Reynolds is conspicuous by its
mÆsion.A traverse is therefwe necessary where, inter alia, Ms. ReynolD 1s available to
hearing
testify as to this issue (.see geHino & B_ames&Ç_. v Martig!ister-& Alvarez. PU.C, 117 AD3d
[4ª¹
1459 Dept, Ix. dismiWsed 24 NY3d 928 (9/14/14]).
20:14<
Accordingly; uport the plaintiffs? filing org note of issue, this matter is referred to the
Trial Assignment Pat (CCP 11) for the aforementioned hewing A copy oftids order shall
accornpany the ndie ofissue when 6led. Gold Coast½ remaining requests for.relief and the
defeddhat Esk of Aniefica'snotion.to disdiiss Atail cemain irn abeyanw in ihe interi:dt
Alv alkf sought.not specifically.addrwssed heroin is hereby denied..
This $1rid) congitutg .th Decision and Order of the Gaurt.
E NT E R:
Dated: November 20 2023 A .
Hon..FrÈngis:Riciglian0
Supretag Court hstige
ENTERED
Dec 05 2023
NASSAU COUNTY
COUNTYCLERK'SOFFICE
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2 of 2
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Preview
FILED: NASSAU COUNTY CLERK 12/08/2023 02:03 PM INDEX NO. 604165/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------x MICHAEL REITER and ALEX REITER, Index No.: 604165/2023 Plaintiffs, NOTICE OF ENTRY -against- GOLD COAST MASERATI and BANK OF AMERICA, Defendants, ---------------------------------------x PLEASE TAKE NOTICE that the within is a true copy of order duly entered in 5th the office of the Clerk of the Supreme Court of New York, County of Nassau, on the day of December, 2023. Dated: December 8, 2016 Long Island City, NY KASELL LAW FIRM /s/ David M. Kasell, Esq. 1038 Jackson Ave., #4 Long Island City, NY 11101 1 of 3 FILED: NASSAU COUNTY CLERK 12/05/2023 12/08/2023 11:03 02:03AMPM INDEX INDEX NO. NO. 604165/2023 604165/2023 F ILED : NASSAU COUNTY CLERK NYSCEF NYSCEF DOC. DOC. NO. NO. 37 36 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/08/2023 11/30/2023 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU Present: HON, FRANGIS RICIGUANO Supreme Court Justice X MICHAEL REETER and ALEX REITER, DECISION and ORDER Plaintim, PART 27 -againsp TNDEX NO. 604165 B GOLD COAST MASERATI and BANK OF AMERICA Motion Seq. 1-2 Defendards. The papers wére read on this inction NYSCEF DOCS following ........................ ... .. Fi - Affidavits, AffirmatioTis, Exhibits, Memos The defendants LLC, d/h/a God Coast Maserati (hereinafter Recovery Racing V(3 "Gold and Bank of America's respective inetions, pursuant to CPLR 321 Ifa)(1). (7) and Coast"), plaintiffs' (S), to dismiss the complaint as agalust Bem due to a lack of personal jurisdiction or, in.the alterriative based upon documentary evidence and the hilure to state a cause of action are detennined as hereinafter provided. On 9/30/22 the plaindff Ales Reiter entered into a retail installment contract with Oc!d Coast for the purchase ofa ased 2022 BMW MS (see plainñff s exhibit A). On or about I/23/23 plaindffs' of the vehicle and re&nd the the counsel demanded that Qold Coast accept the return ftill purchase price and down payment together with a 2019 Mercedes.Benz C class trade-in (see plaintiffs' causes eýibn C)..Ultimately, on 3/10/23 the plaintiffs commenced this action alleglog of action for, inter alia, fraud aftd violations of General Business I aw §34% The defendant Bank of America is affe!ed to he derivatively liable for Gqid Coast actions. Service of process was allegedly effecttiated upon Gold Coast on 3A ??23 through service Reynolds" upon "Sharon a:receptionist. Service was made upon the Bank of America reportedly on 3/15/23 through service upon a gorporate officer, "Victoria Jacobs". ThebranchofGoki Coast^s motion, pursuant to CPLR 321 ItaX8), to dismiss the comphûnt as against u due to a lack of fersonal jurisdiction is premised upon the plaintifty Page i of 2 1 of 2 2 of 3 FILED: NASSAU COUNTY CLERK 12/08/2023 02:03 AMPM INDEX NO. 604165/2023 F ILED : NASSAU COUNTY CLERK INDEX NO. 604165/2023 12/05/2023 11:03 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/08/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/30/2023 service upon areceptionist rathertkan tpon "an nif1cer, director, iniulaging agent, pr cashiet or assistant cashier or to any other agent atahorized law teceivnervice" by appointmentwo to as mandated by CPLR §3-11(1) (see Commissiongp Mark Greerïbere Real Esiate Cm,_j1C, 203 IS M)3d 657 DÆL, 2022) ly. dismis3ed 38 NYEd I l is i 5/16722]L Diselssatis warradted v¿here "there is no gyidence that she was an officer, director, managî;ug agent, cashier. ør an behaff' agent authorized by appointment to accept service on their I lossain Eab Cab Com..57 [2"' 2008]· [2nd AD34 484, 485 Dept.. Gleiger v. Americanâjrlines; 30 AD3d 376 Dept 2006]). Here, Gold Coust relida apod the 4/14/23 aftdavit of its malmgørt Gregg Hayirn,. which expliciñy avers. in pertinem part, that Sharon Reynolds "is not a member. manager, ar an agentauthmized to accept service on behalf of defendant:Gold Coast' (para. 9). Howevert the disputed iffidavit of service asserts that Ms. Reynolds provided verbal ñffrmøini1 that ... Wile is âuthotized to a.ccept by appointateñtur law to recei#e so vice on pehalf of[thfs] defertdant'. An affidavit to the contrary n·om Mst Reynolds is conspicuous by its mÆsion.A traverse is therefwe necessary where, inter alia, Ms. ReynolD 1s available to hearing testify as to this issue (.see geHino & B_ames&Ç_. v Martig!ister-& Alvarez. PU.C, 117 AD3d [4ª¹ 1459 Dept, Ix. dismiWsed 24 NY3d 928 (9/14/14]). 20:14< Accordingly; uport the plaintiffs? filing org note of issue, this matter is referred to the Trial Assignment Pat (CCP 11) for the aforementioned hewing A copy oftids order shall accornpany the ndie ofissue when 6led. Gold Coast½ remaining requests for.relief and the defeddhat Esk of Aniefica'snotion.to disdiiss Atail cemain irn abeyanw in ihe interi:dt Alv alkf sought.not specifically.addrwssed heroin is hereby denied.. This $1rid) congitutg .th Decision and Order of the Gaurt. E NT E R: Dated: November 20 2023 A . Hon..FrÈngis:Riciglian0 Supretag Court hstige ENTERED Dec 05 2023 NASSAU COUNTY COUNTYCLERK'SOFFICE Page 2 of 2 2 of 2 3 of 3