On January 29, 2014 a
Motion-Secondary
was filed
involving a dispute between
Doris Kaufman,
and
2451 Broadway Market, Inc.,
New Horizon Management Corp.,
Yucca Holding Corp.,
for Tort
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 0972072017 03:30 PM INDEX NO. 150893/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF 09/20/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
none
DORIS KAUFMAN, INDEX NO.: 150893/2014
Plaintiff,
-against- EMERGENCY
AFFIRMATION
2451 BROADWAY MARKET, INC., YUCCA HOLDING:
CORP. and NEW HORIZON MANAGEMENT CORP.,
Defendants.
ween nen nwnennwnewennweesenennananscneeneneseateeecaeecteneeenensaceaeae
JOHN P. BONANNO, an attorney duly licensed to practice law before the Courts of the
State of New York, hereby affirms the following to be true pursuant to CPLR §2106:
1 That I am a member of the firm of Weiner, Millo, Morgan & Bonanno, LLC,
counsel to the Defendant, NEW HORIZON MANAGEMENT CORP., herein, and as such am
fully familiar with the facts and circumstances of this action.
2 That I submit this Emergency Affirmation in support of the within Order to Show
Cause for an expedited hearing on the Defendant’s motion, pursuant to Section §202.7 of the
Uniform Civil Rules for the Supreme and County Courts.
3 I submit this emergency affirmation in support of the within Order to Show Cause
to vacate default judgements, because of the co-defendant, YUCCA HOLDING CORP.’s Order
to Show Cause for the same relief, and potential jury selection, is currently scheduled for
October 4, 2017 at 9:30 a.m., and because Defendant would face severe and irreparable prejudice
should the aforementioned motion not be heard and granted.
WHEREFORE, for the reason set forth herein and in the accompanying affidavits and
memorandum of law, New Horizon respectfully requests the entry of an Order: (i) pursuant to
1 of 2
(FILED: NEW YORK COUNTY CLERK 0972072017 03:30 PM INDEX NO. 150893/2014
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/20/2017
NY CPLR §317 vacating the Default Order; (ii) pursuant to NY CPLR § 5015 and/or the
Court's inherent power vacating the Default Order; (iii) pursuant to NY CPLR §3012
allowing New Horizon to file an answer to plaintiff s amended verified complaint; and granting
such other and further relief as the Court deems just and proper.
Dated: New York, New York
September 20, 2017
Yours ete.,
John P. no, Eq,
2 of 2
Document Filed Date
September 20, 2017
Case Filing Date
January 29, 2014
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(FILED: NEW YORK COUNTY CLERK 0972072017 03:30 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF 09/20/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK none DORIS KAUFMAN, INDEX NO.: 150893/2014 Plaintiff, -against- EMERGENCY AFFIRMATION 2451 BROADWAY MARKET, INC., YUCCA HOLDING: CORP. and NEW HORIZON MANAGEMENT CORP., Defendants. ween nen nwnennwnewennweesenennananscneeneneseateeecaeecteneeenensaceaeae JOHN P. BONANNO, an attorney duly licensed to practice law before the Courts of the State of New York, hereby affirms the following to be true pursuant to CPLR §2106: 1 That I am a member of the firm of Weiner, Millo, Morgan & Bonanno, LLC, counsel to the Defendant, NEW HORIZON MANAGEMENT CORP., herein, and as such am fully familiar with the facts and circumstances of this action. 2 That I submit this Emergency Affirmation in support of the within Order to Show Cause for an expedited hearing on the Defendant’s motion, pursuant to Section §202.7 of the Uniform Civil Rules for the Supreme and County Courts. 3 I submit this emergency affirmation in support of the within Order to Show Cause to vacate default judgements, because of the co-defendant, YUCCA HOLDING CORP.’s Order to Show Cause for the same relief, and potential jury selection, is currently scheduled for October 4, 2017 at 9:30 a.m., and because Defendant would face severe and irreparable prejudice should the aforementioned motion not be heard and granted. WHEREFORE, for the reason set forth herein and in the accompanying affidavits and memorandum of law, New Horizon respectfully requests the entry of an Order: (i) pursuant to 1 of 2 (FILED: NEW YORK COUNTY CLERK 0972072017 03:30 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 09/20/2017 NY CPLR §317 vacating the Default Order; (ii) pursuant to NY CPLR § 5015 and/or the Court's inherent power vacating the Default Order; (iii) pursuant to NY CPLR §3012 allowing New Horizon to file an answer to plaintiff s amended verified complaint; and granting such other and further relief as the Court deems just and proper. Dated: New York, New York September 20, 2017 Yours ete., John P. no, Eq, 2 of 2