On January 22, 2024 a
Proof of Service
was filed
involving a dispute between
Saint Peter'S University,
and
Nussbaum Lowinger Llp,
for Other Matters - CPLR 3102(e) application for disclosure
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/30/2024 01:56 PM INDEX NO. 150605/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/30/2024
AFFIDAVIT OF SERVICE
Index W 04429/144081
CC)UNTY OF NEW YORK
SUPREME COURT
SAINT PETER'S UNIVERSITY,
Plaintiff
Against
Defendant
NUSSBAUM LOWINGER LLP
STATE OF NEW YORK
COUNTY OF ALBANY
1/26/2024 at
deposes and says that he/she is over the age of eighteen( I8) years; that on
Robert Wells, being duly sworn,
New York be/she served the Petition
of the State of New York in the City of Albany,
the office of the Secretary of State,
with Request for Judicial Intervention
of Good Faih in Support of Motion to Enforce CPLR 3119
& Affirmation
annexed on NUSSBAUM LOWINGER LLP,
& Exhibits
an authorized agent in the office of the
to and leave with Nancy Dougherty
Defendant in this action, by delivering
of State of the State of New York,
at the Office of the Secretary
of State, of the State of New York, personally
Secretary of state a fee of
such service, deponent paid said Secretary
and that at the time of making
two (2) true copies thereof Law.
dollars. That said service was made pursuant to Section 121-1505, Partnership
$40.00
to be an authorized agent in
knew the person so served Nancy Dougherty as aforesaid
Deponent further says that he/she
authorized to accept such service on behalf of said defendant.
the Office of the Secretary of State of New York, duly
he/she describes the person actually served as follows:
Deponent further states that
5' 1 I5
60 Height (approx) t Weight (approx)
Skin Color: White Hair Color: Brown Age( rox)
Sex: Female
Other Features: Glasses
Identifying
Ro ert Wells
Sworn to before me, this
1/26/2024
Ro emary Lanm
Public State of ew York
Notary
Qualified in Albany County
No 4904277
Reg
Commission Expires Nov 2, 2025
1 of 2
FILED: NEW YORK COUNTY CLERK 01/30/2024 01:56 PM INDEX NO. 150605/2024
CAUTION: DOC.
NYSCEF THIS NO.
DOCUMENT
8 HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below. ) INDEX NYSCEF:
RECEIVED NO . UNAS S I GNE D
01/30/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SAINT PETER'S UNIVERSITY
Index No.
Petitioner,
PETITION AND AFFIRMATION OF
v. GOOD FAITH IN SUPPORT OF
MOTION TO ENFORCE
NUSSBAUM LOWINGER LLP
CPLR § 3119
SUBPOENA FOR TESTIMONY
Respondent.
AARON H. GOULD, an attorney duly admitted to practice law before the Courts of the State
of New York, affirms the truth of the following statements under penalties of perjury:
1. I am a partner of the law firm of Connell Foley LLP, attorneys for petitioner Saint
Peter's University ("Petitioner"). I am fully familiar with the facts and circumstances of this action and
the matters set forth herein.
Petitioners'
2. I submit this Affirmation of Good Faith in support of application for an
Order pursuant to CPLR §§ 2308, 3124 and 3125 compelling Nussbaum Lowinger LLP to produce
documents and appear for its deposition in compliance with a duly served subpoena, which was
previously returnable on December 13, 2023, pursuant to the Uniform Interstate Deposition and
21st
Discovery Act and CPLR § 3119, at the offices of Connell Foley LLP, 875 Third Avenue, Floor,
New York, New York 10022, and for such other and further relief as this Court deems just, equitable
and proper.
3. I further submit this Affidavit pursuant to Uniform Rule 202.7 for The Supreme
Court and The County Court to advise the Court of our good faith efforts to confer with Nussbaum
Lowinger LLP in order to resolve the issues raised by this motion without Court intervention.
4. The relief sought in this Petition is related to an action that was commenced in the
Superior Court of New Jersey, Hudson County, Chancery Division, entitled Glenwood Manor LLC v.
This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i))
which, at the time of its printout from the court system's electronic website, had not yet been reviewed and
approved by t1 $64pg y Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject
filings for various reasons, readers should be aware that documents bearing this legend may not have been
accepted for filing by the County Clerk.
2 of 2
Document Filed Date
January 30, 2024
Case Filing Date
January 22, 2024
Category
Other Matters - CPLR 3102(e) application for disclosure
Status
Disposed-Court Date/Application Pending
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Preview
FILED: NEW YORK COUNTY CLERK 01/30/2024 01:56 PM INDEX NO. 150605/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/30/2024 AFFIDAVIT OF SERVICE Index W 04429/144081 CC)UNTY OF NEW YORK SUPREME COURT SAINT PETER'S UNIVERSITY, Plaintiff Against Defendant NUSSBAUM LOWINGER LLP STATE OF NEW YORK COUNTY OF ALBANY 1/26/2024 at deposes and says that he/she is over the age of eighteen( I8) years; that on Robert Wells, being duly sworn, New York be/she served the Petition of the State of New York in the City of Albany, the office of the Secretary of State, with Request for Judicial Intervention of Good Faih in Support of Motion to Enforce CPLR 3119 & Affirmation annexed on NUSSBAUM LOWINGER LLP, & Exhibits an authorized agent in the office of the to and leave with Nancy Dougherty Defendant in this action, by delivering of State of the State of New York, at the Office of the Secretary of State, of the State of New York, personally Secretary of state a fee of such service, deponent paid said Secretary and that at the time of making two (2) true copies thereof Law. dollars. That said service was made pursuant to Section 121-1505, Partnership $40.00 to be an authorized agent in knew the person so served Nancy Dougherty as aforesaid Deponent further says that he/she authorized to accept such service on behalf of said defendant. the Office of the Secretary of State of New York, duly he/she describes the person actually served as follows: Deponent further states that 5' 1 I5 60 Height (approx) t Weight (approx) Skin Color: White Hair Color: Brown Age( rox) Sex: Female Other Features: Glasses Identifying Ro ert Wells Sworn to before me, this 1/26/2024 Ro emary Lanm Public State of ew York Notary Qualified in Albany County No 4904277 Reg Commission Expires Nov 2, 2025 1 of 2 FILED: NEW YORK COUNTY CLERK 01/30/2024 01:56 PM INDEX NO. 150605/2024 CAUTION: DOC. NYSCEF THIS NO. DOCUMENT 8 HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below. ) INDEX NYSCEF: RECEIVED NO . UNAS S I GNE D 01/30/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SAINT PETER'S UNIVERSITY Index No. Petitioner, PETITION AND AFFIRMATION OF v. GOOD FAITH IN SUPPORT OF MOTION TO ENFORCE NUSSBAUM LOWINGER LLP CPLR § 3119 SUBPOENA FOR TESTIMONY Respondent. AARON H. GOULD, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following statements under penalties of perjury: 1. I am a partner of the law firm of Connell Foley LLP, attorneys for petitioner Saint Peter's University ("Petitioner"). I am fully familiar with the facts and circumstances of this action and the matters set forth herein. Petitioners' 2. I submit this Affirmation of Good Faith in support of application for an Order pursuant to CPLR §§ 2308, 3124 and 3125 compelling Nussbaum Lowinger LLP to produce documents and appear for its deposition in compliance with a duly served subpoena, which was previously returnable on December 13, 2023, pursuant to the Uniform Interstate Deposition and 21st Discovery Act and CPLR § 3119, at the offices of Connell Foley LLP, 875 Third Avenue, Floor, New York, New York 10022, and for such other and further relief as this Court deems just, equitable and proper. 3. I further submit this Affidavit pursuant to Uniform Rule 202.7 for The Supreme Court and The County Court to advise the Court of our good faith efforts to confer with Nussbaum Lowinger LLP in order to resolve the issues raised by this motion without Court intervention. 4. The relief sought in this Petition is related to an action that was commenced in the Superior Court of New Jersey, Hudson County, Chancery Division, entitled Glenwood Manor LLC v. This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR §202.5-b(d)(3)(i)) which, at the time of its printout from the court system's electronic website, had not yet been reviewed and approved by t1 $64pg y Clerk. Because court rules (22 NYCRR §202.5[d]) authorize the County Clerk to reject filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk. 2 of 2