On December 28, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
Christina Thompson An Infant By Her Mother And Natural Guardian, Monique Palmer,
and
Countrywide Gp, Inc.,
Countrywide Home Loans, Inc.,
Countrywide Home Loans Servicing Lp,
Morgan Stanley Abs Capital I, Inc.,
Wmc Mortgage Corp.,
for Tort
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/28/2013 INDEX NO. 159300/2012
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHRISTINA THOMPSON an infant by her mother and
natural guardian, MONIQUE PALMER, Index No. 159300/12
Plaintiff,
NOTICE OF MOTION TO
V.
DISMISS PLAINTIFF'S
COUNTRYWIDE GP, INC., COUNTRYWIDE HOME : COMPLAINT
LOANS, INC., COUNTRYWIDE HOME LOANS
SERVICING LP, MORGAN STANLEY ABS
CAPITAL I, INC., WMC MORTGAGE CORP.,
Defendants.
PLEASE TAKE NOTICE, upon the Complaint filed in this action, the Affirmation of
Michael A. Weiss, Esq. of Day Pitney LLP, attorneys for Defendant Morgan Stanley ABS
Capital I Inc. (sued herein as "Morgan Stanley ABS Capital I, Inc.") ("Morgan Stanley"),
affirmed February 28, 2013, and the exhibits thereto, and all papers and proceedings heretofore
had herein, Morgan Stanley will move this Court by Motion pursuant to CPLR Rule 3211(a)(7),
in the Motion Support Office, Room 130, at 60 Centre Street, New York, New York 10013 at
9.30 a.m., on March 19, 2013, or as soon thereafter as counsel may be heard, for an Order
pursuant to CPLR Rule 3211(a)(7) dismissing Plaintiff's Complaint with prejudice, for costs and
attorney's fees, and for such other relief the Court may deem proper.
g-16350 , I
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 2214(b), answering
papers, and any notice of cross-motion with supporting papers if any, are required to be served
upon the undersigned at least seven (7) days prior to the return date of this Motion.
Dated: New York, New York
February 28, 2013
DAY PITNEY L
By:
M c ael A. Weiss
7 Times Square
New York, New York 10036
Tel: (212) 297-5800
Attorneys for Defendant Morgan Stanley ABS
Capital I Inc. (sued herein as "Morgan Stanley ABS
Capital I, Inc.')
To:
Michael Stewart Frankel, Esq.
The Frankel Law Firm
275 Madison Avenue
New York, NY 10016
Telephone: 212-888-5100
Attorneys for Plaintiff Christina Thompson
Scott H. Kaiser, Esq.
Bryan Cave LLP
1290 Avenue of the Americas
New York, NY 10104
Telephone . 212-541-2000
Attorneys for Defendants Countrywide GP, Inc , Countrywide Home Loans, Inc., Countrywide
Home Loans Servicing LP and WMC Mortgage Corp.
-2-
84632503 I
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FILED: NEW YORK COUNTY CLERK 02/28/2013 INDEX NO. 159300/2012 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHRISTINA THOMPSON an infant by her mother and natural guardian, MONIQUE PALMER, Index No. 159300/12 Plaintiff, NOTICE OF MOTION TO V. DISMISS PLAINTIFF'S COUNTRYWIDE GP, INC., COUNTRYWIDE HOME : COMPLAINT LOANS, INC., COUNTRYWIDE HOME LOANS SERVICING LP, MORGAN STANLEY ABS CAPITAL I, INC., WMC MORTGAGE CORP., Defendants. PLEASE TAKE NOTICE, upon the Complaint filed in this action, the Affirmation of Michael A. Weiss, Esq. of Day Pitney LLP, attorneys for Defendant Morgan Stanley ABS Capital I Inc. (sued herein as "Morgan Stanley ABS Capital I, Inc.") ("Morgan Stanley"), affirmed February 28, 2013, and the exhibits thereto, and all papers and proceedings heretofore had herein, Morgan Stanley will move this Court by Motion pursuant to CPLR Rule 3211(a)(7), in the Motion Support Office, Room 130, at 60 Centre Street, New York, New York 10013 at 9.30 a.m., on March 19, 2013, or as soon thereafter as counsel may be heard, for an Order pursuant to CPLR Rule 3211(a)(7) dismissing Plaintiff's Complaint with prejudice, for costs and attorney's fees, and for such other relief the Court may deem proper. g-16350 , I PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR Rule 2214(b), answering papers, and any notice of cross-motion with supporting papers if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this Motion. Dated: New York, New York February 28, 2013 DAY PITNEY L By: M c ael A. Weiss 7 Times Square New York, New York 10036 Tel: (212) 297-5800 Attorneys for Defendant Morgan Stanley ABS Capital I Inc. (sued herein as "Morgan Stanley ABS Capital I, Inc.') To: Michael Stewart Frankel, Esq. The Frankel Law Firm 275 Madison Avenue New York, NY 10016 Telephone: 212-888-5100 Attorneys for Plaintiff Christina Thompson Scott H. Kaiser, Esq. Bryan Cave LLP 1290 Avenue of the Americas New York, NY 10104 Telephone . 212-541-2000 Attorneys for Defendants Countrywide GP, Inc , Countrywide Home Loans, Inc., Countrywide Home Loans Servicing LP and WMC Mortgage Corp. -2- 84632503 I