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FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
.............................................................................................. X
KPL GREEN LLC,
Plaintiff, Index No. 030709/2023
- against -
GREENPORT HUDSON ASSOCIATES, LLC, KPL GREEN LLC'S
MORGENSTERN DEVOESICK, PLLC, and RESPONSE TO
as Escrow Agent, and CRAZY BEER WORLD, INC., NOTICE TO ADMIT
Defendants.
...............................................................................................X
COUNSELORS:
("KPL"
PLEASE TAKE NOTICE that, Plaintiff, KPL GREEN LLC or "Plaintiff"), by and
through their attorneys, CONDON PAXOS PLLC, hereby provides the following in response to
("MD"
Defendant MORGENSTERN DEVOESICK, PLLC's or "Defendant") Notice to Admit, dated
November 29, 2023, as follows:
OBJECTION
Plaintiff objects to each and every request in the Notice to Admit on the grounds that the same
are vague, ambiguous, failing to state with any particularity the specific items of fact sought to be
admitted or denied, that the requests are patently improper and beyond the scope of a Notice to
Admit pursuant to CPLR 3213; and call for legal conclusions as to the ultimate issues of law and/or
fact to be determined in the within action. The purpose of a Notice to Admit is to eliminate those
uncontested issues which would take up time and become a burden at trial. A party is not obligated to
provide admissions to a Notice to Admit when said Notice to Admit is designed to seek admissions
of fundamental issues which may only be resolved after a full trial, or which remain in dispute
between the parties. Indeed, a Notice to Admit cannot be utilized to seek admission of material issues
(2nd
or ultimate facts. See, Kalabovic v. Fort Place Cooperative, Inc., et. al., 159 A.D.2d 609 Dept,
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FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023
(1st
1990), Meadowbrook-Richman, Inc. v. Cicchiello, 273 A.D.2d 6 Dept. 2000), Willa v. New York
(1st
City Housing Auth., 107 A.D.2d 619 Dept., 1985) and Marigliano, LMT v. State Farm Mut. Auto
Ins. Co., 12 Misc.3d 1180(A) (NY County Civil Court 2006).
Without waiving any objections to the same, Plaintiff responds as follows:
RESPONSES
1. Plaintiff objects to said allegation inasmuch as said allegation is not a proper
subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as
being improper for a notice to admit.
2. Plaintiff objects to said allegation inasmuch as said allegation is not a proper
subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as
being improper for a notice to admit.
3. Plaintiff objects to said allegation inasmuch as said allegation is not a proper
subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as
being improper for a notice to admit.
4. Plaintiff objects to said allegation inasmuch as said allegation is not a proper subject
to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as being
improper for a notice to admit.
Dated: December 5, 2023
New York, New York Yours, etc.
COND,¬f PAXOS PLL
By:/
Brian K. Condon
Attorneys for Plaintiff
55 Old Turnpike Road, Suite 502
Nanuet, New York 10954
(845) 627-8500 (telephone)
(845) 627-8507 (facsimile)
Brian@CondonPaxos.com
2
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FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023
To: Jeffrey Spiegel, Esq.
Stephen G. Rickerhauser, Esq.
LEWIS BRISBOIS BISFAARD & SMITH LLP
Attorneys for Defendant
Morgenstern DeVoesick, PLLC
77 Water Street, Suite 2100
New York, NY 10005
Jeffrey.Spiegel@lewisbrisbois.com
Stephen.Rickerhauser@lewisbrisbois.com
Michael Ostrander, Esq.
WOODS OVIATT GILMAN LLP
Attorneys for Defendant Greenport
Hudson Associates, LLC
1900 Bausch & Lomb Place
Rochester, New York 14604
fostrander@woodsoviatt.com
Justin W. Gray, Esq.
MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP
Attorneys for Defendant
Crazy Beer World, Inc.
6 Tower Place
Albany, NY 12203
Gray@moscllp.com
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Preview
FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND .............................................................................................. X KPL GREEN LLC, Plaintiff, Index No. 030709/2023 - against - GREENPORT HUDSON ASSOCIATES, LLC, KPL GREEN LLC'S MORGENSTERN DEVOESICK, PLLC, and RESPONSE TO as Escrow Agent, and CRAZY BEER WORLD, INC., NOTICE TO ADMIT Defendants. ...............................................................................................X COUNSELORS: ("KPL" PLEASE TAKE NOTICE that, Plaintiff, KPL GREEN LLC or "Plaintiff"), by and through their attorneys, CONDON PAXOS PLLC, hereby provides the following in response to ("MD" Defendant MORGENSTERN DEVOESICK, PLLC's or "Defendant") Notice to Admit, dated November 29, 2023, as follows: OBJECTION Plaintiff objects to each and every request in the Notice to Admit on the grounds that the same are vague, ambiguous, failing to state with any particularity the specific items of fact sought to be admitted or denied, that the requests are patently improper and beyond the scope of a Notice to Admit pursuant to CPLR 3213; and call for legal conclusions as to the ultimate issues of law and/or fact to be determined in the within action. The purpose of a Notice to Admit is to eliminate those uncontested issues which would take up time and become a burden at trial. A party is not obligated to provide admissions to a Notice to Admit when said Notice to Admit is designed to seek admissions of fundamental issues which may only be resolved after a full trial, or which remain in dispute between the parties. Indeed, a Notice to Admit cannot be utilized to seek admission of material issues (2nd or ultimate facts. See, Kalabovic v. Fort Place Cooperative, Inc., et. al., 159 A.D.2d 609 Dept, 1 of 3 FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023 (1st 1990), Meadowbrook-Richman, Inc. v. Cicchiello, 273 A.D.2d 6 Dept. 2000), Willa v. New York (1st City Housing Auth., 107 A.D.2d 619 Dept., 1985) and Marigliano, LMT v. State Farm Mut. Auto Ins. Co., 12 Misc.3d 1180(A) (NY County Civil Court 2006). Without waiving any objections to the same, Plaintiff responds as follows: RESPONSES 1. Plaintiff objects to said allegation inasmuch as said allegation is not a proper subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as being improper for a notice to admit. 2. Plaintiff objects to said allegation inasmuch as said allegation is not a proper subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as being improper for a notice to admit. 3. Plaintiff objects to said allegation inasmuch as said allegation is not a proper subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as being improper for a notice to admit. 4. Plaintiff objects to said allegation inasmuch as said allegation is not a proper subject to be addressed in a Notice to Admit. Accordingly, Plaintiff DENIES said allegation as being improper for a notice to admit. Dated: December 5, 2023 New York, New York Yours, etc. COND,¬f PAXOS PLL By:/ Brian K. Condon Attorneys for Plaintiff 55 Old Turnpike Road, Suite 502 Nanuet, New York 10954 (845) 627-8500 (telephone) (845) 627-8507 (facsimile) Brian@CondonPaxos.com 2 2 of 3 FILED: ROCKLAND COUNTY CLERK 12/05/2023 02:42 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 12/05/2023 To: Jeffrey Spiegel, Esq. Stephen G. Rickerhauser, Esq. LEWIS BRISBOIS BISFAARD & SMITH LLP Attorneys for Defendant Morgenstern DeVoesick, PLLC 77 Water Street, Suite 2100 New York, NY 10005 Jeffrey.Spiegel@lewisbrisbois.com Stephen.Rickerhauser@lewisbrisbois.com Michael Ostrander, Esq. WOODS OVIATT GILMAN LLP Attorneys for Defendant Greenport Hudson Associates, LLC 1900 Bausch & Lomb Place Rochester, New York 14604 fostrander@woodsoviatt.com Justin W. Gray, Esq. MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP Attorneys for Defendant Crazy Beer World, Inc. 6 Tower Place Albany, NY 12203 Gray@moscllp.com 3 of 3