On November 05, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Jewish Home Lifecare,
and
Ernest Ast,
Fiduciary For The Estate Of Betty Ast,
Mark Ast,
for Contract (Non-Commercial)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/03/2015 08:04 PM INDEX NO. 161001/2014
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/03/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------x
JEWISH HOME LIFECARE
Plaintiff, Notice of Motion
MARK AST, ERNEST AST and
FIDUCIARY for THE ESTATE OF BETTY AST
Defendants. Index No. 161001/2014
----------------------------------------------------------------------x
PLEASE TAKE NOTICE that upon the annexed affirmation of Alberthe Bernier,
Esq., dated March 3, 2015, and upon the annexed exhibits and Affidavits, and upon all
other papers and proceedings heretofore had, the undersigned will move this Court, in
the County of New York, to be held at the Courthouse at The Motion Support Office,
Room 130, 60 Centre Street, NY, NY 10007, on the 11th day of March 2015, at 9:30 in
the forenoon of that day or as soon thereafter as counsel may be heard for an Order: (1)
pursuant to CPLR 1001(a) adding MARK AST and ERNEST AST, as Trustees of the
BETTY AST 2004 REVOCABLE TRUST, as necessary party Defendants to the
foregoing action and amending the caption of the action to reflect same; (2) pursuant to
CPLR 3025(b) granting Plaintiff leave to file an Amended Verified Complaint to: (i) add
the Trustees of the BETTY AST 2004 REVOCABLE TRUST as party Defendants (ii) re-
plead and add new allegations of fact in support of Plaintiffs’ causes of action for
fraudulent conveyance under debtor creditor law and constructive fraud; and (iii) to
amend and supplement Plaintiff’s Answer dated January 15, 2015 submitted in
opposition to Defendant’s motion for dismissal and summary Judgment dated January
6, 2015; (3) pursuant to CPLR 306-b to extend the time to serve the Fiduciary for the
Estate of Betty Ast; (4) deeming the annexed proposed Amended Verified Complaint as
timely and validly served on the Trustees of the BETTY AST 2004 REVOCABLE
TRUST; and (5) granting such other and further relief as the Court may deem just and
proper.
1
Document Filed Date
March 03, 2015
Case Filing Date
November 05, 2014
Category
Contract (Non-Commercial)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 03/03/2015 08:04 PM INDEX NO. 161001/2014 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/03/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------x JEWISH HOME LIFECARE Plaintiff, Notice of Motion MARK AST, ERNEST AST and FIDUCIARY for THE ESTATE OF BETTY AST Defendants. Index No. 161001/2014 ----------------------------------------------------------------------x PLEASE TAKE NOTICE that upon the annexed affirmation of Alberthe Bernier, Esq., dated March 3, 2015, and upon the annexed exhibits and Affidavits, and upon all other papers and proceedings heretofore had, the undersigned will move this Court, in the County of New York, to be held at the Courthouse at The Motion Support Office, Room 130, 60 Centre Street, NY, NY 10007, on the 11th day of March 2015, at 9:30 in the forenoon of that day or as soon thereafter as counsel may be heard for an Order: (1) pursuant to CPLR 1001(a) adding MARK AST and ERNEST AST, as Trustees of the BETTY AST 2004 REVOCABLE TRUST, as necessary party Defendants to the foregoing action and amending the caption of the action to reflect same; (2) pursuant to CPLR 3025(b) granting Plaintiff leave to file an Amended Verified Complaint to: (i) add the Trustees of the BETTY AST 2004 REVOCABLE TRUST as party Defendants (ii) re- plead and add new allegations of fact in support of Plaintiffs’ causes of action for fraudulent conveyance under debtor creditor law and constructive fraud; and (iii) to amend and supplement Plaintiff’s Answer dated January 15, 2015 submitted in opposition to Defendant’s motion for dismissal and summary Judgment dated January 6, 2015; (3) pursuant to CPLR 306-b to extend the time to serve the Fiduciary for the Estate of Betty Ast; (4) deeming the annexed proposed Amended Verified Complaint as timely and validly served on the Trustees of the BETTY AST 2004 REVOCABLE TRUST; and (5) granting such other and further relief as the Court may deem just and proper. 1