Motion,Ex Parte: Jewish Home Lifecare v. Mark Ast, Ernest Ast, Fiduciary For The Estate Of Betty Ast

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                                (FILED: NEW YORK COUNTY CLERK 0170672015 12:39 PM                                                        INDEX   NO.   161001/2014
NYSCEF   DOC.    NO.   9                                                                         RECEIVED    NYSCEF:   01/06/2015




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK

                JEWISH HOME LIFECARE,                                                    Index No. 161001/2014

                                                   Plaintiff,
                           -against-                                                     NOTICE OF MOTION
                                                                                         TO DISMISS
                MARK AST, ERNEST AST and
                FIDUCIARY for THE ESTATE OF BETTY AST,

                                                   Defendant(s).
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                       PLEASE TAKE NOTICE that upon the annexed Affirmation of THOMAS C.
            LANDRIGAN, ESQ., dated January 6, 2015, and upon the accompanying memorandum of law
            and affidavits, and upon all of the pleadings and proceedings herein, the Defendants Mark Ast
            and Emest Ast 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 10007, on the 22 day of January
            2014, at 9:30 in the forenoon of that day or as soon thereafter as counsel may be heard for an
            Order of this Court:

                                  (i) pursuant to CPLR 3211(a)(1) and CPLR 321 1(a)(7), dismissing Plaintiff's
                                  Complaint in its entirety; and

                                  (ii) pursuant to CPLR 3212, granting summary judgment in favor of Defendants
                                  Mark Ast and Ernest Ast as to all causes of action; or, alternatively,

                                 (iii)pursuant to CPLR 3212, granting partial summary in favor of Defendant Mark
                                 Ast as to all causes of action; and

                                 (iv) for other and further appropriate relief as the court deems just, proper and
                                 equitable.

                       PLEASE TAKE NOTICE that all answering affidavits and papers must be served in
            accordance with CPLR 2214(b).




                                                                   -1-
Dated: Goshen, New York
       January 6, 2014
                               COHEN, LABARBERA& LANDRIGAN, LLP
                                          ae
                               By
                                     Tho:            ndrigan
                                     Attorneys ‘for Defendants, MARK AST AND
                                     ERNEST AST
                                     40 Mathews Street, Suite 203
                                     Goshen, New York 10924
                                     (845) 291-1900


To: (via ECF)
Alberthe Bernier, Esq.
LITTMAN KROOKS LLP
399 Knollwood Road
White Plains, New York 10603
Attorneys for the Plaintiff




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