Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------X Index No. 600234/2023
ASHLEY BRACCO,
Plaintiff, NOTICE OF MOTION
-against- Hon. Frank A. Tinaru
SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES,
Return Date:
Defendants. April 25, 2024
------------------------------------------------------------X
MOTION BY: SCAHILL LAW GROUP, P.C.
By: GERARD FERRARA, ESQ
Attorneys for Defendant
DATE, TIME AND PLACE: On the 25th day of April, 2024, at 9:30 in the
forenoon of that day or as soon thereafter as counsel
can be heard at IAS Support Part of the Courthouse
located at 1 Court Street, Riverhead, NY 11901.
SUPPORTING PAPERS: Affirmation of Gerard Ferrara, Esq., dated March
25, 2024, the Statement of Facts, and the annexed
exhibits and upon all prior pleadings and
proceedings within.
RELIEF DEMANDED: For an Order granting the Defendants, summary
judgment pursuant to CPLR § 3212, dismissing the
complaint on the basis that Plaintiff, ASHLEY
BRACCO, did not sustain a “serious injury” under
Insurance Law §5102(d), and for such other and
further relief as this Court deems necessary and
proper.
ANSWERING AFFIDAVITS: Pursuant to CPLR §2214(b), answering affidavits
are to be served upon the undersigned at least seven
(7) days prior to the return date of this motion.
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FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024
CERTIFICATION: Pursuant to 22 NYCRR § 130-1.1, it is hereby
certified that to the best of the undersigned’s
knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, the
presentation and contentions therein of the annexed
papers are not frivolous as defined by 22 NYCRR §
1.1(c).
Dated: Bethpage, New York
March 25, 2024
_____________________________
Gerard Ferrara, Esq.
SCAHILL LAW GROUP, P.C.
Counsel for Defendants
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
TO: SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
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FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No.: 600234/2023
ASHLEY BRACCO,
Plaintiff,
-against-
SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES,
Defendants.
NOTICE OF MOTION
SCAHILL LAW GROUP, P.C.
Counsel for Defendants
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
ATTORNEY CERTIFICATION
Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that upon information and belief and responsible inquiry, the contentions contained in
the annexed documents are not frivolous.
Dated: March 25, 2024
________________________________________
GERARD FERRARA, ESQ.
Please take notice
Notice of entry
that the within is a (certified) true copy of a ______ duly entered in the office of the clerk of the
within named court on ______________
Notice of Settlement
that an order ^ of which the within is a true copy will be presented for _____ settlement to the
HON. ___________ one of the judges of the within named court, at _______________ on
___________
Dated: Bethpage, New York
Yours, etc.
SCAHILL LAW GROUP, P.C.
To: All Parties 1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
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Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------X Index No. 600234/2023 ASHLEY BRACCO, Plaintiff, NOTICE OF MOTION -against- Hon. Frank A. Tinaru SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, Return Date: Defendants. April 25, 2024 ------------------------------------------------------------X MOTION BY: SCAHILL LAW GROUP, P.C. By: GERARD FERRARA, ESQ Attorneys for Defendant DATE, TIME AND PLACE: On the 25th day of April, 2024, at 9:30 in the forenoon of that day or as soon thereafter as counsel can be heard at IAS Support Part of the Courthouse located at 1 Court Street, Riverhead, NY 11901. SUPPORTING PAPERS: Affirmation of Gerard Ferrara, Esq., dated March 25, 2024, the Statement of Facts, and the annexed exhibits and upon all prior pleadings and proceedings within. RELIEF DEMANDED: For an Order granting the Defendants, summary judgment pursuant to CPLR § 3212, dismissing the complaint on the basis that Plaintiff, ASHLEY BRACCO, did not sustain a “serious injury” under Insurance Law §5102(d), and for such other and further relief as this Court deems necessary and proper. ANSWERING AFFIDAVITS: Pursuant to CPLR §2214(b), answering affidavits are to be served upon the undersigned at least seven (7) days prior to the return date of this motion. 1 of 3 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024 CERTIFICATION: Pursuant to 22 NYCRR § 130-1.1, it is hereby certified that to the best of the undersigned’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the presentation and contentions therein of the annexed papers are not frivolous as defined by 22 NYCRR § 1.1(c). Dated: Bethpage, New York March 25, 2024 _____________________________ Gerard Ferrara, Esq. SCAHILL LAW GROUP, P.C. Counsel for Defendants 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 TO: SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 2 of 3 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 600234/2023 ASHLEY BRACCO, Plaintiff, -against- SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, Defendants. NOTICE OF MOTION SCAHILL LAW GROUP, P.C. Counsel for Defendants 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 ATTORNEY CERTIFICATION Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed documents are not frivolous. Dated: March 25, 2024 ________________________________________ GERARD FERRARA, ESQ. Please take notice Notice of entry that the within is a (certified) true copy of a ______ duly entered in the office of the clerk of the within named court on ______________ Notice of Settlement that an order ^ of which the within is a true copy will be presented for _____ settlement to the HON. ___________ one of the judges of the within named court, at _______________ on ___________ Dated: Bethpage, New York Yours, etc. SCAHILL LAW GROUP, P.C. To: All Parties 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 3 of 3