Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2014 08:09 PM INDEX NO. 68419/2014
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
RYNE FEULNER,
Plaintiff, Index No. 68419/2014
NOTICE OF MOTION
SUSANHYNES, individually and d/b/a
LIBERTAS SUPPORT SERVICES, INC.,
KENNETH MCCALLION,Individually, and
dTh/a MCCALLION & ASSOCIATES,
Defendants.
PLEASE TAKE NOTICE that, upon the annexed Affirmation of Kenneth F.
McCallion, dated November 14, 2014, and all of the pleadings in the above-captioned
matter, defendants KENNETFI F. MeCALLION and McCALLION & ASSOCIATES
LLP (erroneously referred to in the Complaint as "McCallion & Associates"), will move
this Court at 9:30 am. on December 2,2014, at the Westchester County Courthouse,
Supreme Court of the State of New York, Westchester County, 111 Martin Luther King
Blvd, White Plains, New York for an order dismissing the Complaint as to those two
above-referenced defendants, and for such other and further relief as this Court deems just
and proper.
Dated: November 14, 2014
McCALLION St ASSOCIATES
By: Kenneth F. McCallion
100 Park Avenue - 16th floor
New York, New York 10017
(646) 366-0884
Defendants Pro Se
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
RYNE FEULNER,
Plaintiff, Index No. 68419/2014
AFFIRMATION OF
KENNETH F. McCALLION
SUSAN HYNES, individually and dlbla
LIBERTAS SUPPORT SERVICES, INC.,
KENNETH MCCALLION, Individually, and
dlb/a MCCALLION &ASSOCIATES,
Defendants.
KENNETH F. McCALLION, an attorney duly admitted to the practice of law in
the State of New York and elsewhere, affirms as follows under penalty ofpeijury:
I am the principal attorney with the law firm of McCallion & Associates
LLP, defendant pro Se in this action. I submit this Affirmation in support of the motion by
the undersigned attorney and McCallion & Associates LLP (erroneously referred to as
"McCallion & Associates" in the caption of this matter.
2. At all relevant times herein, McCallion & Associates LLP ("M&A" or "the
law firm") maintained its offices and principal place of business at 100 Park Avenue,
floor, New York, New York 10017.
3. At 110 time did M&A employ or otherwise "retain the services" of plaintiff
Ryne Feulner. The undersigned attorney had dealings with plaintiff only to the extent that
he was associated with Libertas Support Services, Inc. ("Libertas"), a company that M&A
retained from time to time to perform litigation support services.
Neither I nor anyone else associated with M&A had any knowledge
whatsoever regarding the terms of employment and/or contractual relationship that
plaintiff had with Libertas. It was my understanding that plaintiff reported to Susan
Hynes, who was, upon information and belief, the sole owner of Libertas.
5. I have never had any ownership interest in Libertas, and I have no
management or supervisory responsibilities regarding Libertas or any of its staff. Thus, to
the extent that the Complaint alleges (at para. 28) that Libertas was a "family business,"
such allegation is demonstrably erroneous and false.
6. I have no knowledge or information regarding any purported loans or
contractual agreements between plaintiff, on the one hand, and Libertas and/or Susan
Hynes on the other.
7. The First Cause of Action (at pan. 30) alleges that "Defendants have
breached the parties' agreement by refusing to pay Fortner what he is owned." However,
since neither I nor my law firm ever had any contract with plaintiff, written or otherwise,
we could not possibly have "breached" any contract with him.
8. The Second Cause of Action for "Account Stated" is brought solely
against defendant Hynes, and therefore cannot even arguably apply to the moving
defendants.
The Third Cause of Action for "Quasi Contract" against all defendants
refers to "Defendants' promises to pay Feulner for his litigation support services."
However, nowhere in the Complaint is it alleged (nor could it) that Feulner received any
"promises" from either McCallion individually or the law firm to pay him for any of the
services that Libertas was performing for M&A pursuant to an agreement between M&A
and Libertas. Therefore, the moving defendants had no "contract" with plaintiff, quasi or
otherwise, and thus the Third Cause of Action must be dismissed also.
WHEREFORE, it is respectfully requested that the Court issue an Order
dismissing the Complaint against defendants Kenneth F. McCallion and McCallion &
Associates LLP.
Dated: New York, New York
November 14, 2014
fA2~9
-
Kenneth F. MeCallion
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
RYNE FEULNER,
Plaintiff, Index No. 68419/2014
against- AFFIRMATION OF SERVICE
SUSANI-IYNES, individually and d/b/a
LIBERTAS SUPPORT SERVICES, INC.,
KENNETH MCCALLION, Individually, and
dlb/a MCCALLION & ASSOCIATES,
Defendants.
KENNETH F. McCALLION, an attorney duly admitted to the practice of law in the State
of New York, hereby affirms as follows under penalties of peijury:
1. Iam over the age ofl8 and not a party to this action.
2. On November 14, 2014, I served a copy of the NOTICE OF MOTION, MOTION
and AFFIRMATION OF KENNETH F. MeCALLION in the above-captioned
action on the plaintiffs attorneys and Pro Se Defendant Susan Hynes, by placing
the document in an envelope(s) addressed to:
Mary E. Flynn, Esq.
Morrison Cohen LLP
909 Third Avenue
New York N.Y. 10022
Susan Hynes
711 Forest Avenue
Mamaroneck, N.Y. 10543
and placing said envelope(s) in a depository authorized by the United States Postal
Service.
Dated: November 14,2014
New York, New York
Kenneth
McCallion & Associates LLP
Index No: 68419/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
FEULNER v. SUSAN HYNIES et al.
NOTICE OF MOTION and
MOTION TO DISMISS COMPLAINT
MCCALLION & ASSOCIATES LLP
100 Park Avenue, 16 FL.
New York, New York 10017
TEL: 646-366-0880
FAX: 646-366-1384
Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2014 08:09 PM INDEX NO. 68419/2014 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER RYNE FEULNER, Plaintiff, Index No. 68419/2014 NOTICE OF MOTION SUSANHYNES, individually and d/b/a LIBERTAS SUPPORT SERVICES, INC., KENNETH MCCALLION,Individually, and dTh/a MCCALLION & ASSOCIATES, Defendants. PLEASE TAKE NOTICE that, upon the annexed Affirmation of Kenneth F. McCallion, dated November 14, 2014, and all of the pleadings in the above-captioned matter, defendants KENNETFI F. MeCALLION and McCALLION & ASSOCIATES LLP (erroneously referred to in the Complaint as "McCallion & Associates"), will move this Court at 9:30 am. on December 2,2014, at the Westchester County Courthouse, Supreme Court of the State of New York, Westchester County, 111 Martin Luther King Blvd, White Plains, New York for an order dismissing the Complaint as to those two above-referenced defendants, and for such other and further relief as this Court deems just and proper. Dated: November 14, 2014 McCALLION St ASSOCIATES By: Kenneth F. McCallion 100 Park Avenue - 16th floor New York, New York 10017 (646) 366-0884 Defendants Pro Se SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER RYNE FEULNER, Plaintiff, Index No. 68419/2014 AFFIRMATION OF KENNETH F. McCALLION SUSAN HYNES, individually and dlbla LIBERTAS SUPPORT SERVICES, INC., KENNETH MCCALLION, Individually, and dlb/a MCCALLION &ASSOCIATES, Defendants. KENNETH F. McCALLION, an attorney duly admitted to the practice of law in the State of New York and elsewhere, affirms as follows under penalty ofpeijury: I am the principal attorney with the law firm of McCallion & Associates LLP, defendant pro Se in this action. I submit this Affirmation in support of the motion by the undersigned attorney and McCallion & Associates LLP (erroneously referred to as "McCallion & Associates" in the caption of this matter. 2. At all relevant times herein, McCallion & Associates LLP ("M&A" or "the law firm") maintained its offices and principal place of business at 100 Park Avenue, floor, New York, New York 10017. 3. At 110 time did M&A employ or otherwise "retain the services" of plaintiff Ryne Feulner. The undersigned attorney had dealings with plaintiff only to the extent that he was associated with Libertas Support Services, Inc. ("Libertas"), a company that M&A retained from time to time to perform litigation support services. Neither I nor anyone else associated with M&A had any knowledge whatsoever regarding the terms of employment and/or contractual relationship that plaintiff had with Libertas. It was my understanding that plaintiff reported to Susan Hynes, who was, upon information and belief, the sole owner of Libertas. 5. I have never had any ownership interest in Libertas, and I have no management or supervisory responsibilities regarding Libertas or any of its staff. Thus, to the extent that the Complaint alleges (at para. 28) that Libertas was a "family business," such allegation is demonstrably erroneous and false. 6. I have no knowledge or information regarding any purported loans or contractual agreements between plaintiff, on the one hand, and Libertas and/or Susan Hynes on the other. 7. The First Cause of Action (at pan. 30) alleges that "Defendants have breached the parties' agreement by refusing to pay Fortner what he is owned." However, since neither I nor my law firm ever had any contract with plaintiff, written or otherwise, we could not possibly have "breached" any contract with him. 8. The Second Cause of Action for "Account Stated" is brought solely against defendant Hynes, and therefore cannot even arguably apply to the moving defendants. The Third Cause of Action for "Quasi Contract" against all defendants refers to "Defendants' promises to pay Feulner for his litigation support services." However, nowhere in the Complaint is it alleged (nor could it) that Feulner received any "promises" from either McCallion individually or the law firm to pay him for any of the services that Libertas was performing for M&A pursuant to an agreement between M&A and Libertas. Therefore, the moving defendants had no "contract" with plaintiff, quasi or otherwise, and thus the Third Cause of Action must be dismissed also. WHEREFORE, it is respectfully requested that the Court issue an Order dismissing the Complaint against defendants Kenneth F. McCallion and McCallion & Associates LLP. Dated: New York, New York November 14, 2014 fA2~9 - Kenneth F. MeCallion SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER RYNE FEULNER, Plaintiff, Index No. 68419/2014 against- AFFIRMATION OF SERVICE SUSANI-IYNES, individually and d/b/a LIBERTAS SUPPORT SERVICES, INC., KENNETH MCCALLION, Individually, and dlb/a MCCALLION & ASSOCIATES, Defendants. KENNETH F. McCALLION, an attorney duly admitted to the practice of law in the State of New York, hereby affirms as follows under penalties of peijury: 1. Iam over the age ofl8 and not a party to this action. 2. On November 14, 2014, I served a copy of the NOTICE OF MOTION, MOTION and AFFIRMATION OF KENNETH F. MeCALLION in the above-captioned action on the plaintiffs attorneys and Pro Se Defendant Susan Hynes, by placing the document in an envelope(s) addressed to: Mary E. Flynn, Esq. Morrison Cohen LLP 909 Third Avenue New York N.Y. 10022 Susan Hynes 711 Forest Avenue Mamaroneck, N.Y. 10543 and placing said envelope(s) in a depository authorized by the United States Postal Service. Dated: November 14,2014 New York, New York Kenneth McCallion & Associates LLP Index No: 68419/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER FEULNER v. SUSAN HYNIES et al. NOTICE OF MOTION and MOTION TO DISMISS COMPLAINT MCCALLION & ASSOCIATES LLP 100 Park Avenue, 16 FL. New York, New York 10017 TEL: 646-366-0880 FAX: 646-366-1384