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FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ROGER WEST, INDEX NO.
522689/17
Plaintiff,
Hon. Leon Ruchelsman
- against -
AFFIRMATION
THE CITY OF NEW YORK, CONSOLIDATED OF GOOD FAITH
EDISON, INC., CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC., PAUL BUNYON
TREE CARE INC., and WANTANABE REALTY
CORP.,
Defendants.
JOHN P. CAMPANA, an attorney admitted to practice in the Courts of the
State of New York, hereby affirms the following pursuant to the penalties of perjury:
1. I am an attorney at law and associated with Lauren A. Jones, the
attorney of record for defendant, Consolidated Edison, Inc. and Consolidated Edison
Company of New York, Inc., as such, I am fully familiar with the facts and circumstances
set forth herein.
2. This affirmation is executed upon information and belief, the sources
of which are the files and records maintained by this office pertaining to this matter.
3. Accordingly, Con Edison has acted in good faith, and has no other
alternative but to seek the Court’s intervention.
4. For the reasons set forth in Con Edison’s motion, the motion should
be granted in its entirety
Submitted this 18th day of April, 2024.
_______________________________
JOHN P. CAMPANA, ESQ.
2017-006566
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FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024
CERTIFICATION OF
PRINTING AND WORD COUNT SPECIFICATIONS
I hereby certify that pursuant to 22 NYCRR 202.5(a)(1), 202.5(a)(2), and
202.8-b, the foregoing affidavit, affirmation, memorandum, or brief was prepared in
compliance with:
Printing Specification. A proportionally spaced typeface was used, as follows:
Name of typeface: Book Antiqua
Point size: 12
Line spacing: Double
Word Count. The total number of words in this document, inclusive of point headings and
footnotes and exclusive of captions, pages containing the table of contents, table of
authorities, proof of service, signature block and this Statement is 142.
Dated: New York, New York
April 18, 2024.
Yours, etc.,
LAUREN A. JONES
By: ___________________________
John P. Campana, Esq.
Attorney for Defendants
Consolidated Edison, Inc. and
Consolidated Edison Company
of New York, Inc.
4 Irving Place
New York, NY 10003-3598
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FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024
INDEX NO. 522689/17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ROGER WEST,
Plaintiff,
- against -
THE CITY OF NEW YORK, CONSOLIDATED EDISON, INC., CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC., PAUL BUNYON TREE CARE INC., and WANTANABE REALTY CORP.,
Defendants.
NOTICE OF MOTION TO VACATE NOTE OF ISSUE, AFFIRMATION IN SUPPORT,
AND AFFIRMATION OF GOOD FAITH
Lauren A. Jones
Attorney for
Consolidated Edison, Inc. and
Consolidated Edison Company of New York, Inc.
4 Irving Place, Room 1800
New York, New York 10003-3598
Tel. No. (212) 460-3355
FAX No. (212) 677-5849
To Service of a copy of the within
is hereby admitted.
Dated:__________________________
Attorney(s) for _________________________________
PLEASE TAKE NOTICE:
[] NOTICE OF ENTRY
that the within is a true copy of an 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 at M.
Dated:
Yours, etc.,
Lauren A. Jones
Refer all communications to: John P. Campana, Esq.
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Preview
FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ROGER WEST, INDEX NO. 522689/17 Plaintiff, Hon. Leon Ruchelsman - against - AFFIRMATION THE CITY OF NEW YORK, CONSOLIDATED OF GOOD FAITH EDISON, INC., CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., PAUL BUNYON TREE CARE INC., and WANTANABE REALTY CORP., Defendants. JOHN P. CAMPANA, an attorney admitted to practice in the Courts of the State of New York, hereby affirms the following pursuant to the penalties of perjury: 1. I am an attorney at law and associated with Lauren A. Jones, the attorney of record for defendant, Consolidated Edison, Inc. and Consolidated Edison Company of New York, Inc., as such, I am fully familiar with the facts and circumstances set forth herein. 2. This affirmation is executed upon information and belief, the sources of which are the files and records maintained by this office pertaining to this matter. 3. Accordingly, Con Edison has acted in good faith, and has no other alternative but to seek the Court’s intervention. 4. For the reasons set forth in Con Edison’s motion, the motion should be granted in its entirety Submitted this 18th day of April, 2024. _______________________________ JOHN P. CAMPANA, ESQ. 2017-006566 1 of 3 FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024 CERTIFICATION OF PRINTING AND WORD COUNT SPECIFICATIONS I hereby certify that pursuant to 22 NYCRR 202.5(a)(1), 202.5(a)(2), and 202.8-b, the foregoing affidavit, affirmation, memorandum, or brief was prepared in compliance with: Printing Specification. A proportionally spaced typeface was used, as follows: Name of typeface: Book Antiqua Point size: 12 Line spacing: Double Word Count. The total number of words in this document, inclusive of point headings and footnotes and exclusive of captions, pages containing the table of contents, table of authorities, proof of service, signature block and this Statement is 142. Dated: New York, New York April 18, 2024. Yours, etc., LAUREN A. JONES By: ___________________________ John P. Campana, Esq. Attorney for Defendants Consolidated Edison, Inc. and Consolidated Edison Company of New York, Inc. 4 Irving Place New York, NY 10003-3598 2 of 3 FILED: KINGS COUNTY CLERK 04/18/2024 01:19 PM INDEX NO. 522689/2017 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 04/18/2024 INDEX NO. 522689/17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ROGER WEST, Plaintiff, - against - THE CITY OF NEW YORK, CONSOLIDATED EDISON, INC., CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., PAUL BUNYON TREE CARE INC., and WANTANABE REALTY CORP., Defendants. NOTICE OF MOTION TO VACATE NOTE OF ISSUE, AFFIRMATION IN SUPPORT, AND AFFIRMATION OF GOOD FAITH Lauren A. Jones Attorney for Consolidated Edison, Inc. and Consolidated Edison Company of New York, Inc. 4 Irving Place, Room 1800 New York, New York 10003-3598 Tel. No. (212) 460-3355 FAX No. (212) 677-5849 To Service of a copy of the within is hereby admitted. Dated:__________________________ Attorney(s) for _________________________________ PLEASE TAKE NOTICE: [] NOTICE OF ENTRY that the within is a true copy of an 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 at M. Dated: Yours, etc., Lauren A. Jones Refer all communications to: John P. Campana, Esq. 3 of 3