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INDEX NO. 25029/2014E
NYSCEF DOC. NO. 229 RECEIVED NYSCEF: 06/01/2016
Ti PALILLOLAW
BROADWAY CHAMBERS BUILDING
277 BROADWAY
SUITE 501
MICHAEL B. PALILLO, PC NEW YORK, NEW YORK 10007
P 212.608.8959
Michael B. Palillo F 212.608.0304
Ryan Amato mpalillo@palillolaw.com
Marc 8, *
ramato@palillolaw.com
‘also admitted
in New Jersey mhyman@palillolaw.com
June 1, 2016
Via Facsimile (212) 452-9104
Mr. Philip Seldon, Pro Se
4401 Manhattan College Parkway
Bronx, NY 10471
RE: Seldon v. Value Piping
Services, et al.
Index
25029/2014E
No.
Dear Mr. Seldon:
I am in receipt of your letter dated June 1, 2016, a copy of
which is attached. At no time did I attempt to mislead you.
If I referred to a Summons as a pleading then this was my
error. The intent of my letter is the same.
I direct your attention to NY CPLR 305 c) a copy of whichis
enclosed.
You do not have Court permission to add a party to a
lawsuit.
If you fail and refuse to withdraw the Amended Summons with
Notice and I am forced to move to dismiss, our motion will
include a request for sanctions and attorneys fees.
This letter is sent in a good faith effort to resolve this
matter without resort to Judicial Intervention.
Be guided accordingly.
y ty yours,
ern. Mich B. Pa °
1 of 4
Se ee ee —
PHILIP SELDON
4401 Manhattan College Parkway, Bronx, NY 10471 (212) 452-8103
June 1, 2016
Mr, Michael B, Palillo
277 Broadway
New York, NY 10007
Dear Mr, Palillo,
This is with regard to your frivolous Notice of Rejection my Amended Summons with
Notice which was served on you yesterday
You were properly served
According, your Notice of Rejection of Proposed Summons With Notice isrejected as itis
without merit.
My Summons with Notice fully complies with CPLR 3025(b) that you cite as it is nota
pleading. A pleading is a Complaint and an Answer, As such, CPLR 3025(b) does not pertain
to a Summons. Accordingly a Summons is not a pleading.
You are once again attempting to deceive a Party to a litigation, a clear infraction of
Judiciary Law 487 as has been your ne This will become yet another claim in my Judici-
ary Law 487 action against you.
You make move to dismiss if you chose however take note that such a motion would be
totally without merit and would be frivolous. | would seek sanctions. | also believe that such a
motion would not toll your time to answer.
| have recently received a database with the fax and email addresses of all your adver-
saries. Consequently, | will be copying all of your adversaries with my correspondence to you
along with any motions in our action with the thought that this will be of interest to them with
the hope of reciprocity.
You would be well advised to answer and retain an attorney who specializes in defend-
ing Judiciary Law 487 actions as you will need one.
| trust the foregoing is perfectly clear
Very truly yours,
loo dlr
20f 4
6/1/2016 R305- Summons; supplemental summons, amendment, :; 2013 New York Consolidated Laws :: US Codes and Statutes :: U> Law .. vusua
Justia » US Law > US Codes and Statutes » New York Consolidated Laws »
2013 New York Consolidated Laws » CVP - Civil Practice Law & Rules >
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF
COURT
> oe eRurvnenp: sungiainpniel SurnMne, amendipant
3
View the 2015 New York boiinkinie Laws |
View Panini “oe of ener York Consolidated Laws
2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND
SERVICE, APPEARANCE AND CHOICE OF
COURT
R305 - Summons; supplemental
summons, amendment.
Universal Citation: NY CPLR § R305 (2012)
Rule 385. Summons; supplemental summons, amendment. (a) Summons;
supplemental summons. A summons shall specify the basis of the venue
designated and if based upon the residence of the plaintiff it shall
specify the plaintiff's address, and also shall bear the index number
assigned and the date of filing with the clerk of the court. A
third-party summons shall also specify the date of filing of the
third-party summons with the clerk of the court. The summons in an
action arising out of a consumer credit transaction shall prominently
htto/Naw.iustia.com/codes/new-york/2013/cvp/article-
3/r305 5
3 0f 4
6/1/2016 R305- Summons; supplemental summons, amendment, :: 2013 New York Consolidated Laws :: US Codes ana Siauies .. Wo Law .. vuowe
display at the top of the summons the words "consumer credit
transaction" and, where a purchaser, borrower or debtor is a defendant,
shall specify the county of residence of a defendant, if one resides
within the state, and the county where the consumer credit transaction
took place, if it is within the state. Where, upon order of the court
or by stipulation of all parties or as of right pursuant to section
1083, a new party is joined in the action and the joinder is not made
upon the new party's motion, a supplemental summons specifying the
pleading which the new party must answer shall be filed with the clerk
of the court and served upon such party.
(b) Summons and notice. If the complaint is not served with the
summons, the summons shall ontain or have attached thereto a notice
stating the nature of the action and the relief sought, and, except in
an action for medical malpractice, the sum of money for which judgment
may be taken in case of default.
(c) Amendment, At any time, in its discretion and upon such terms as
it deems just, the court may allow any summons or proof of service of a
summons to be amended, if a substantial right of a party against whom
the summons issued is not prejudiced.
Disclaimer: These codes may not be the most recent version, New York may have more
current or accurate information. We make no warranties or guarantees about the accuracy,
completeness, or adequacy of the information contained on this site or the information
linked to on the state site. Please check official sources.
iN OTN ES!
evens AGL Chg
rear)
BAew Ey
Fea (a) aa ¥e-161810)©<18(
8) 8 1-\
hiber/Heu inetia nnn inedeainew=vork/201 Sevolarticle-3/305 2
4 of 4
Preview
INDEX NO. 25029/2014E NYSCEF DOC. NO. 229 RECEIVED NYSCEF: 06/01/2016 Ti PALILLOLAW BROADWAY CHAMBERS BUILDING 277 BROADWAY SUITE 501 MICHAEL B. PALILLO, PC NEW YORK, NEW YORK 10007 P 212.608.8959 Michael B. Palillo F 212.608.0304 Ryan Amato mpalillo@palillolaw.com Marc 8, * ramato@palillolaw.com ‘also admitted in New Jersey mhyman@palillolaw.com June 1, 2016 Via Facsimile (212) 452-9104 Mr. Philip Seldon, Pro Se 4401 Manhattan College Parkway Bronx, NY 10471 RE: Seldon v. Value Piping Services, et al. Index 25029/2014E No. Dear Mr. Seldon: I am in receipt of your letter dated June 1, 2016, a copy of which is attached. At no time did I attempt to mislead you. If I referred to a Summons as a pleading then this was my error. The intent of my letter is the same. I direct your attention to NY CPLR 305 c) a copy of whichis enclosed. You do not have Court permission to add a party to a lawsuit. If you fail and refuse to withdraw the Amended Summons with Notice and I am forced to move to dismiss, our motion will include a request for sanctions and attorneys fees. This letter is sent in a good faith effort to resolve this matter without resort to Judicial Intervention. Be guided accordingly. y ty yours, ern. Mich B. Pa ° 1 of 4 Se ee ee — PHILIP SELDON 4401 Manhattan College Parkway, Bronx, NY 10471 (212) 452-8103 June 1, 2016 Mr, Michael B, Palillo 277 Broadway New York, NY 10007 Dear Mr, Palillo, This is with regard to your frivolous Notice of Rejection my Amended Summons with Notice which was served on you yesterday You were properly served According, your Notice of Rejection of Proposed Summons With Notice isrejected as itis without merit. My Summons with Notice fully complies with CPLR 3025(b) that you cite as it is nota pleading. A pleading is a Complaint and an Answer, As such, CPLR 3025(b) does not pertain to a Summons. Accordingly a Summons is not a pleading. You are once again attempting to deceive a Party to a litigation, a clear infraction of Judiciary Law 487 as has been your ne This will become yet another claim in my Judici- ary Law 487 action against you. You make move to dismiss if you chose however take note that such a motion would be totally without merit and would be frivolous. | would seek sanctions. | also believe that such a motion would not toll your time to answer. | have recently received a database with the fax and email addresses of all your adver- saries. Consequently, | will be copying all of your adversaries with my correspondence to you along with any motions in our action with the thought that this will be of interest to them with the hope of reciprocity. You would be well advised to answer and retain an attorney who specializes in defend- ing Judiciary Law 487 actions as you will need one. | trust the foregoing is perfectly clear Very truly yours, loo dlr 20f 4 6/1/2016 R305- Summons; supplemental summons, amendment, :; 2013 New York Consolidated Laws :: US Codes and Statutes :: U> Law .. vusua Justia » US Law > US Codes and Statutes » New York Consolidated Laws » 2013 New York Consolidated Laws » CVP - Civil Practice Law & Rules > Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT > oe eRurvnenp: sungiainpniel SurnMne, amendipant 3 View the 2015 New York boiinkinie Laws | View Panini “oe of ener York Consolidated Laws 2013 New York Consolidated Laws CVP - Civil Practice Law & Rules Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT R305 - Summons; supplemental summons, amendment. Universal Citation: NY CPLR § R305 (2012) Rule 385. Summons; supplemental summons, amendment. (a) Summons; supplemental summons. A summons shall specify the basis of the venue designated and if based upon the residence of the plaintiff it shall specify the plaintiff's address, and also shall bear the index number assigned and the date of filing with the clerk of the court. A third-party summons shall also specify the date of filing of the third-party summons with the clerk of the court. The summons in an action arising out of a consumer credit transaction shall prominently htto/Naw.iustia.com/codes/new-york/2013/cvp/article- 3/r305 5 3 0f 4 6/1/2016 R305- Summons; supplemental summons, amendment, :: 2013 New York Consolidated Laws :: US Codes ana Siauies .. Wo Law .. vuowe display at the top of the summons the words "consumer credit transaction" and, where a purchaser, borrower or debtor is a defendant, shall specify the county of residence of a defendant, if one resides within the state, and the county where the consumer credit transaction took place, if it is within the state. Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1083, a new party is joined in the action and the joinder is not made upon the new party's motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court and served upon such party. (b) Summons and notice. If the complaint is not served with the summons, the summons shall ontain or have attached thereto a notice stating the nature of the action and the relief sought, and, except in an action for medical malpractice, the sum of money for which judgment may be taken in case of default. (c) Amendment, At any time, in its discretion and upon such terms as it deems just, the court may allow any summons or proof of service of a summons to be amended, if a substantial right of a party against whom the summons issued is not prejudiced. Disclaimer: These codes may not be the most recent version, New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. iN OTN ES! evens AGL Chg rear) BAew Ey Fea (a) aa ¥e-161810)©<18( 8) 8 1-\ hiber/Heu inetia nnn inedeainew=vork/201 Sevolarticle-3/305 2 4 of 4