Party Statement: Thomas Amici v. Edward A. Mazza Esq. Individually and as a Member of Mazza and Amici, LLC, Mazza And Amici, Llc, For The Judicial Dissolution Of Mazza And Amici, Llc

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                                INDEX   NO.     EF2022-0516
NYSCEF   DOC.    NO.   24                                                                              RECEIVED     NYSCEF:     01/31/2024
 12024-02146                                                                                                      Index #: EF2022-0516
                STATE OF NEW YORK
                SUPREME COURT : COUN                      OF TOMPKINS
                oak             a
                THOMAS AMICI,
                                                                                        STATEMENT OF
                                                          Plaintiff,                    MATERIAL FACTS
                                              vs.

                EDWARD A. MAZZA, ESQ., Individually                                     Index No.     EF2022-0516
                and as a Member of MAZZA              AND AMICI, LLC,
                MAZZA AND AMICI, and for the Judicial
                Dissolution of MAZZA AND AMICI, LLC,,

                                                        Defendant.
                Sasi    raise enaaiendan en cintienmeate cee neneateementnnintentaent

                         In accordance with Section 202.8-g of the Uniform Ruler for the Supreme Court, defendants

                state the following as material facts:

                            1       Edward Mazza and Thomas Amici were equal partners and acquired various parcels of

                rental real property in their joint names (complaint of plaintiff {| 33).

                            2.      Thomas Amici suggested that the parties form a limited liability company to own and

                operate their real property (Examination before trial of Thomas Amici pp 17-18).

                            3.      Mazza and Amici, LLC was formed in January 2012 (affidavit of Edward Mazza         5).

                            4.      The members of Mazza and Amici are Edward Mazza and Thomas Amici who each

                own an equal interest in the limited liability company (affidavit of Edward Mazza { 5, complaint of

                plaintiff { 7).

                            5.      The purpose for which the limited liability company was formed was the ownership and

                operation of rental real estate (affidavit of Edward Mazza 4 6)

                            6.      Mazza and Amici, LLC owns twenty (20) parcels of real property (affidavit of Edward

                Mazza {| 6).

                            7.      Edward Mazza is chiefly responsible for the executive functions of the limited liability

                company and Thomas Amici is chiefly responsible for the day to day labor including the leasing and

                 maintenance of the rental properties (complaint of plaintiff { 10).

                            8.      No operating agreement for the limited liability company has ever been signed by

                 Edward Mazza and Thomas Amici (affidavit of Edward Mazza { 11).




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(FILED: TOMPKINS COUNTY CLERK 0173172024 04:56 PM                                                        INDEX   NO.    EF2022-0516
NYSCEF   DOC.   NO.         24                                                                    RECEIVED   NYSCEF:     01/31/2024
 12024-02146                                                                                                 Index # EF 2022-0516
                      9.         In 2020 the net income of the limited liability company was $587,734.62 (@usuavar vs

           Edward Mazza § 25, Exhibit F to affidavit of Dirk A. Galbraith).
                                                                                                             of
                      10. In 2021 the net income of the limited liability company was $690,132.98 (affidavit

           Edward Mazza               25, Exhibit G to affidavit of Dirk A. Galbraith).

                       11. In 2022 the net income of the limited liability company was $736,420.55 (affidavit of

           Edward Mazza §[ 25, Exhibit H to affidavit of Dirk A. Galbraith).

                       12. The limited liability company continues to function for the purpose for which it was

           organized (affidavit of Edward Mazza { 24).

                           13. Thomas Amici is unable to state that anything Edward Mazza has done in the course of

           their business relationship has harmed him financially (Examination before trial of Thomas Amici

           pp 31-32).


                  3 AnvcS
           Dated: Se      V7, bot
                      ve




                                                            DIRK A.
                                                                  GALBRAITH, ESQ
                                                             Coughlin & Gerhart, LLP
                                                             Attorneys for Defendant
                                                             798 Cascadilla Street, Suite A
                                                             P.O. Box 6599
                                                             Ithaca, New York 14851-6599
                                                             Telephone: (607) 379-6709




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