On September 19, 2023 a
NOTICE OF MOTION (Motion #13) *Corrected* - Notice of motion to strike and dismiss
was filed
involving a dispute between
Grace Edwards Simon,
Leon Simon,
and
Bernard E Lewis,
Coleen Weaver Aka Coleen Whyte As Administrator Of The Ethans Estate Trust,
for Real Property - Other (Adverse Possession)
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 10/23/2023 12:55 AM INDEX NO. 305209/2013E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------X
LEON SIMON
GRACE EDWARDS-SIMON
Plaintiffs NOTICE OF MOTION
V Index No. 305209/2013E
BERNARD E. LEWIS
COLEEN WEAVER, aka Coleen Whyte as Administrator of
Ethans Estate Trust
Defendants
----------------------------- ,, . -----------------------------------------X
PLEASE TAKE NOTICE that upon the attached affidavit of Bernard Lewis, and Coleen Weaver
as Administrator of Ethans Estate Trust, sworn to on October 20, 2023, and the exhibits attached
to the affidavit in support, and upon all proceedings in this case to date, defendants Lewis and
Weaver as Administrator will move in this Court, at 9.30 A. M. on the 13th day of November
2023 before the Honorable Elizabeth Taylor, for an order pursuant to CPLR 3024 (b), CPLR
5015 (a) (2), CPLR 5015 (a) (3), CPLR (a) (5), Rules 1.3, 1.7, 3.4 & 8.4 of the New York rules
of professional conduct, and CPLR 3211 (a) (7) and granting the following relief to the movants:
Strike the notice of appearance and order to show cause filed by Douglas J. Martino, vacate prior
orders entered by Judge Rodriguez on March 11, 2019 and July 5, 2019 for misrepresentation,
fraud and new evidence, disqualify Douglas Martino and his firm Martino & Weiss, dismiss the
amended complaint, and refer the matter to the Internal Revenue Service for an investigation for
using Corporate fund to pay legal fees, and for any other relief as this Court deem just & proper.
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FILED: BRONX COUNTY CLERK 10/23/2023 12:55 AM INDEX NO. 305209/2013E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/24/2023
PLEASE I"AKE F$e.fi{ER NOTICE. th*t pursuart t* fivil Pructiee Law and &ules ?214f[r].
y*u ere irereby r*qlired ttl seme copie* of ycur answering affidavits ** the und*rsigred na leter
tha:r the s*vetrtl: day, prior to the d*te set ab*v* f*r th* s*bmissian cf this rrrrtion.
*ated: $etober 2*. ;023
firrax" New Ycrk
Ser::ard Le:*':..
Pro Se Delbadat;
48i8 Wilder Avenue
8rc*x. New Ysrk 104?i]
347-845-5643
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FILED: BRONX COUNTY CLERK 10/23/2023 12:55 AM INDEX NO. 305209/2013E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/24/2023
Administrator of Ethans Estate Trust
Pro Se Defendant
230 Kings Mall Court, Suite 254
Kingston, New York 12401
845-2t6-7102
To: Attorney for Plaintiffs
Jack A. Addesso, Esq
Jack A. Addesso, PLLC:r
153 Stevens Avenue
Mount Vernon, New York 10550
9t4-699-60s2
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Document Filed Date
October 23, 2023
Case Filing Date
September 19, 2023
Category
Real Property - Other (Adverse Possession)
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