On October 30, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Angel Chasi,
Maria C Encalada
As Administrator Of The Estate Of Angel Chasi, Deceased,
and
8801 Shore Road Building Corporation,
Aaron Poret Real Estate,
Howard Poret,
for Torts - Other Negligence (Labor Law)
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 03/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________________________________________________________________Ç
MARIA C. ENCALADA, as Administrator of the Estate Index No.: 521850/2018
of ANGEL CHASI, deceased,
NOTICE OF MOTION
Plaintiff,
HON. DEVIN P. COHEN, J.S.C.
-against. PART 58
8801 SHORE ROAD BUILDING Mot. Seq. #5
CORPORATION,
AARON PORET REAL ESTATE and HOWARD
P ORET,
Defendants.
___________________________________________________________.._______Ç
COUNSELORS:
PLEASE TAKE NOTICE that upon the annexed Affirmation of Carmine J. Goncalves,
Esq., dated March 28, 2023, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court, located at 360 Adams Street, Brooklyn, New York on the 19th
day of April, 2023, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can
be heard for an Order 1) pursuant to CPLR §3212 granting plaintiff partial summary judgment on
the issue of liability against the defendants 8801 SHORE ROAD BUILDING CORPORATION
("8801 SHORE") and HOWARD PORET ("Poret") on plaintiff's claims arising under Labor Law
§ 240(1), and 2) granting Plaintiff partial summary judgment against 8801 Shore and Poret (also
collectively "Defendants") pursuant to Labor Law §241(6), and 3) for such other and further relief
as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b),
answering affidavits, if any, are required to be served upon the undersigned at least seven (7)
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FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 03/29/2023
days before the return date of this motion.
Dated: New York, New York
March 28, 2023
Yours, p.,
Carmine J. Goncalves, Esq.
WINGATE, RUSSOTTI, SHAPIRO & HALPERIN,
LLP Attorneys for Plaintiff
MARIA ENCALADA, as Administrator of the
Estate of Angel Chasi, Deceased
420 Lexington Avenue, Suite 2700
New York, New York 10170
(212) 986-7353
TO: Barbara A. Sheehan, Esq.
NICOLETTI HORNING & SWEENEY
Attorneys for Defendants
8801 SHORE ROAD BUILDING CORPORATION
and HOWARD PORET
Wall Street Plaza
7th
88 Pine Street, PlOOr
New York, New York 10005
(212) 220-3830
Email: bsheehan@nicolettihornig.com
2 of 2
Document Filed Date
March 29, 2023
Case Filing Date
October 30, 2018
Category
Torts - Other Negligence (Labor Law)
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FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 03/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________________________________________________________________Ç MARIA C. ENCALADA, as Administrator of the Estate Index No.: 521850/2018 of ANGEL CHASI, deceased, NOTICE OF MOTION Plaintiff, HON. DEVIN P. COHEN, J.S.C. -against. PART 58 8801 SHORE ROAD BUILDING Mot. Seq. #5 CORPORATION, AARON PORET REAL ESTATE and HOWARD P ORET, Defendants. ___________________________________________________________.._______Ç COUNSELORS: PLEASE TAKE NOTICE that upon the annexed Affirmation of Carmine J. Goncalves, Esq., dated March 28, 2023, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court, located at 360 Adams Street, Brooklyn, New York on the 19th day of April, 2023, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an Order 1) pursuant to CPLR §3212 granting plaintiff partial summary judgment on the issue of liability against the defendants 8801 SHORE ROAD BUILDING CORPORATION ("8801 SHORE") and HOWARD PORET ("Poret") on plaintiff's claims arising under Labor Law § 240(1), and 2) granting Plaintiff partial summary judgment against 8801 Shore and Poret (also collectively "Defendants") pursuant to Labor Law §241(6), and 3) for such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Section 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) 1 of 2 FILED: KINGS COUNTY CLERK 03/29/2023 12:07 PM INDEX NO. 521850/2018 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 03/29/2023 days before the return date of this motion. Dated: New York, New York March 28, 2023 Yours, p., Carmine J. Goncalves, Esq. WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP Attorneys for Plaintiff MARIA ENCALADA, as Administrator of the Estate of Angel Chasi, Deceased 420 Lexington Avenue, Suite 2700 New York, New York 10170 (212) 986-7353 TO: Barbara A. Sheehan, Esq. NICOLETTI HORNING & SWEENEY Attorneys for Defendants 8801 SHORE ROAD BUILDING CORPORATION and HOWARD PORET Wall Street Plaza 7th 88 Pine Street, PlOOr New York, New York 10005 (212) 220-3830 Email: bsheehan@nicolettihornig.com 2 of 2