On February 17, 2023 a
Motion-Secondary
was filed
involving a dispute between
Kenneth P. Silverman, As Trustee And Successor In Interest To Louasia Watts,
Louasia Watts,
and
Cristian Perez,
Katherine Lopez,
Pret A Manger,
for Commercial - Other (civil rights (NYCHRL))
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 12/07/2023 02:32 PM INDEX NO. 802764/2023E
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------------------------------------------- X
KENNETH P. SILVERMAN, AS TRUSTEE |
AND SUCCESSOR IN INTEREST TO |
LOUASIA WATTS, |
| Index No.: 802764/2023E
Plaintiff, |
- against - |
|
| Motion Seq. 3
PRET A MANGER (USA) LIMITED, |
CRISTIAN PEREZ, and KATHERINE LOPEZ, | Hon. Veronica G. Hummel
|
Defendants, | AFFIRMATION IN OPPOSITION
|
|
--------------------------------------------------------------- X
I, AVI MERMELSTEIN, an attorney duly authorized to practice law before the courts of the State
of New York, Pursuant to CPLR § 2106, hereby affirm under penalty of perjury as follows:
1. I am a partner in the law firm of Arenson, Dittmar & Karban, counsel for Plaintiff in this
action. I am fully familiar with the facts and circumstances contained herein. I submit this
affirmation in opposition to Defendants’ motion for partial dismissal of the complaint.
2. While the complaint does not directly specify when Louasia Watts’s employment with Pret
ended, she clarified in a declaration to the bankruptcy court that it was approximately
March 2020. A true and correct copy of the June 22, 2023 Declaration of Louasia Watts in
support of her motion to reopen her bankruptcy is annexed hereto as Exhibit 1.
3. A true and correct copy of the September 5, 2023 Order of the Bankruptcy Court for the
Southern District of New York is annexed hereto as Exhibit 2.
4. A true and correct copy of the Order of this Court entered on September 20, 2023 by the
clerk of Bronx County is annexed hereto as Exhibit 3.
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FILED: BRONX COUNTY CLERK 12/07/2023 02:32 PM INDEX NO. 802764/2023E
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/07/2023
5. A true and correct copy of the February 2, 2018 Order of the Bankruptcy Court for the
Eastern District of New York in the bankruptcy of Errol Dicks, Case No. 116-41009-cec,
is annexed hereto as Exhibit 4.
Dated: New York, New York
December 7, 2023
By: S/Avi Mermelstein
CERTIFICATION
Avi Mermelstein certifies that this Affirmation contains 233 words, excluding the caption and
signature block. Thus, these papers conform with Uniform Civil Rules Section 202.8-b, as they
are under 7,000 words.
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Document Filed Date
December 07, 2023
Case Filing Date
February 17, 2023
Category
Commercial - Other (civil rights (NYCHRL))
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Preview
FILED: BRONX COUNTY CLERK 12/07/2023 02:32 PM INDEX NO. 802764/2023E NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------------------------------- X KENNETH P. SILVERMAN, AS TRUSTEE | AND SUCCESSOR IN INTEREST TO | LOUASIA WATTS, | | Index No.: 802764/2023E Plaintiff, | - against - | | | Motion Seq. 3 PRET A MANGER (USA) LIMITED, | CRISTIAN PEREZ, and KATHERINE LOPEZ, | Hon. Veronica G. Hummel | Defendants, | AFFIRMATION IN OPPOSITION | | --------------------------------------------------------------- X I, AVI MERMELSTEIN, an attorney duly authorized to practice law before the courts of the State of New York, Pursuant to CPLR § 2106, hereby affirm under penalty of perjury as follows: 1. I am a partner in the law firm of Arenson, Dittmar & Karban, counsel for Plaintiff in this action. I am fully familiar with the facts and circumstances contained herein. I submit this affirmation in opposition to Defendants’ motion for partial dismissal of the complaint. 2. While the complaint does not directly specify when Louasia Watts’s employment with Pret ended, she clarified in a declaration to the bankruptcy court that it was approximately March 2020. A true and correct copy of the June 22, 2023 Declaration of Louasia Watts in support of her motion to reopen her bankruptcy is annexed hereto as Exhibit 1. 3. A true and correct copy of the September 5, 2023 Order of the Bankruptcy Court for the Southern District of New York is annexed hereto as Exhibit 2. 4. A true and correct copy of the Order of this Court entered on September 20, 2023 by the clerk of Bronx County is annexed hereto as Exhibit 3. 1 1 of 2 FILED: BRONX COUNTY CLERK 12/07/2023 02:32 PM INDEX NO. 802764/2023E NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 12/07/2023 5. A true and correct copy of the February 2, 2018 Order of the Bankruptcy Court for the Eastern District of New York in the bankruptcy of Errol Dicks, Case No. 116-41009-cec, is annexed hereto as Exhibit 4. Dated: New York, New York December 7, 2023 By: S/Avi Mermelstein CERTIFICATION Avi Mermelstein certifies that this Affirmation contains 233 words, excluding the caption and signature block. Thus, these papers conform with Uniform Civil Rules Section 202.8-b, as they are under 7,000 words. 2 2 of 2