Preview
At a Motion Term of the of the Supreme
Court of the State of New York held in
and for the County of Genesee, at the
Genesee County Courthouse, Batavia,
New York, on the 15th day of February,
2024.
STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
TERRI B. STAROWITZ,
Plaintiff, ORDER
vs.
Index No.: E70287
Hon. Diane Y. Devlin, J.S.C.
THOMAS AARON HOFRICHTER
a/k/a T. AARON HOFRICHTER
Defendant.
Plaintiff, Terri B. Starowitz, having moved this Court by Notice of Motion for an Order:
(1) pursuant to CPLR § 3212 granting Plaintiff summary judgment or alternatively partial
summary judgment as to those issues that do not raise any issues of fact pursuant to CPLR §
3212(e); and (2) an Order pursuant to CPLR § 32211(b) dismissing Defendant's defenses, and
the motion having duly come on to be heard before this Court at a motion term thereof; and
Defendant, T. Aaron Hofrichter, having cross-moved this Court by Notice of Cross-
Motion for an Order pursuant to CPLR § 3212: (1) denying Plaintiff's motion for summary
judgment in its entirety; (2) granting defendant's cross-motion for summary judgment in its
entirety; and (3) granting such other and further relief as the Court deems just and proper, and the
motion having duly come on to be heard before this Court at a motion term thereof,
NOW, upon reading Plaintiff's Notice of Motion dated November 13, 2023, the Affidavit
of Chaim J. Jaffe, Esq., with exhibits, sworn to November 13, 2023, and the Affidavit of Terri B.
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Starowitz, with exhibits, sworn to on November 8, 2023, and the Plaintiff's Memorandum of
Law dated November 13, 2023, all in support of Plaintiff's motion; and Defendant's Notice of
Cross-Motion dated January 18, 2024, the Affirmation of James J. Graber, Esq., with exhibits,
sworn to January 18, 2024, the Affidavit of T. Aaron Hofrichter, with exhibits, sworn to on
January 12, 2024, and Defendant's Memorandum of Law dated January 18, 2024, all in
opposition to Plaintiff's motion and in support of Defendant's cross-motion; and the Reply
Affidavit of Terri B. Starowitz, with exhibits, sworn to February 7, 2024, the Reply Affidavit of
Douglas J. Mahr, with exhibit, sworn to February 8, 2024, and the Plaintiff's Reply
Memorandum of Law dated February 8, 2024, all in further support of Plaintiff's motion and
opposition to Defendant's cross-motion; and
This matter coming on to be heard at a motion term of this Court on February 15, 2024,
and the Court having heard the arguments of counsel, Scolaro Fetter Grizanti & McGough, P.C.,
attorneys for Plaintiff, Scott M. Ceurvels, Esq., of counsel, and Rupp Pfalzgraf, LLC, attorneys
for Defendant, Nolan M. Hale, Esq., of counsel, and due deliberation having been given, the
Court having issued a decision from the bench on February 15, 2024, it is hereby
ORDERED AND ADJUDGED, that Plaintiff's motion is hereby denied in its entirety
without prejudice; and it is further
ORDERED AND ADJUDGED, that Defendant's cross-motion is hereby denied in its
entirety without prejudice.
ENTER:
____________________________________
HON. Diane Y. Devlin
Justice of Supreme Court
Dated: February __, 2024
Batavia, New York
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Preview
At a Motion Term of the of the Supreme Court of the State of New York held in and for the County of Genesee, at the Genesee County Courthouse, Batavia, New York, on the 15th day of February, 2024. STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE TERRI B. STAROWITZ, Plaintiff, ORDER vs. Index No.: E70287 Hon. Diane Y. Devlin, J.S.C. THOMAS AARON HOFRICHTER a/k/a T. AARON HOFRICHTER Defendant. Plaintiff, Terri B. Starowitz, having moved this Court by Notice of Motion for an Order: (1) pursuant to CPLR § 3212 granting Plaintiff summary judgment or alternatively partial summary judgment as to those issues that do not raise any issues of fact pursuant to CPLR § 3212(e); and (2) an Order pursuant to CPLR § 32211(b) dismissing Defendant's defenses, and the motion having duly come on to be heard before this Court at a motion term thereof; and Defendant, T. Aaron Hofrichter, having cross-moved this Court by Notice of Cross- Motion for an Order pursuant to CPLR § 3212: (1) denying Plaintiff's motion for summary judgment in its entirety; (2) granting defendant's cross-motion for summary judgment in its entirety; and (3) granting such other and further relief as the Court deems just and proper, and the motion having duly come on to be heard before this Court at a motion term thereof, NOW, upon reading Plaintiff's Notice of Motion dated November 13, 2023, the Affidavit of Chaim J. Jaffe, Esq., with exhibits, sworn to November 13, 2023, and the Affidavit of Terri B. {868488.2} Starowitz, with exhibits, sworn to on November 8, 2023, and the Plaintiff's Memorandum of Law dated November 13, 2023, all in support of Plaintiff's motion; and Defendant's Notice of Cross-Motion dated January 18, 2024, the Affirmation of James J. Graber, Esq., with exhibits, sworn to January 18, 2024, the Affidavit of T. Aaron Hofrichter, with exhibits, sworn to on January 12, 2024, and Defendant's Memorandum of Law dated January 18, 2024, all in opposition to Plaintiff's motion and in support of Defendant's cross-motion; and the Reply Affidavit of Terri B. Starowitz, with exhibits, sworn to February 7, 2024, the Reply Affidavit of Douglas J. Mahr, with exhibit, sworn to February 8, 2024, and the Plaintiff's Reply Memorandum of Law dated February 8, 2024, all in further support of Plaintiff's motion and opposition to Defendant's cross-motion; and This matter coming on to be heard at a motion term of this Court on February 15, 2024, and the Court having heard the arguments of counsel, Scolaro Fetter Grizanti & McGough, P.C., attorneys for Plaintiff, Scott M. Ceurvels, Esq., of counsel, and Rupp Pfalzgraf, LLC, attorneys for Defendant, Nolan M. Hale, Esq., of counsel, and due deliberation having been given, the Court having issued a decision from the bench on February 15, 2024, it is hereby ORDERED AND ADJUDGED, that Plaintiff's motion is hereby denied in its entirety without prejudice; and it is further ORDERED AND ADJUDGED, that Defendant's cross-motion is hereby denied in its entirety without prejudice. ENTER: ____________________________________ HON. Diane Y. Devlin Justice of Supreme Court Dated: February __, 2024 Batavia, New York {868488.2} -2-