On August 07, 2012 a
Motion-Secondary
was filed
involving a dispute between
Leon Holdings, Llc,
Leon Petroleum, Llc,
and
Northville Industries Corp.,
for Commercial
in the District Court of Nassau County.
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INDEX NO. 601536/2012
(FILED: NASSAU COUNTY CLERK 0472972013)
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 04/29/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
HoSiee eee ntisetacios te eenecsmeseeeccceasansensncmaSescacenwanseme
Index No. 601536/2012-e
LEON HOLDINGS, LLC and
LEON PETROLEUM, LLC,
Plaintiffs,
AFFIRMATION IN
OPPOSITION TO MOTION TO
DISMISS THE AMENDED
COMPLAINT
-against-
NORTHVILLE INDUSTRIES CORP.,
Defendant.
Spaneeweesasbenasmewennccrsreawueeeneeceemueweaeenemee
eee
DEBRA L. ROTHBERG, an attorney duly admitted to practice in the State of New York,
hereby affirms the following to be true under penalties of perjury:
1 I am a member of the bar of the State of New York and the principal shareholder of DL
Rothberg & Associates, P.C. (“DLRA”), counsel for Plaintiffs Leon Holdings, LLC and Leon
Petroleum, LLC (collectively “Plaintiffs” or “Leon”) in the above-captioned matter. This
Affirmation is based on my personal knowledge, including knowledge obtained as a result of my
review of records made and maintained in the regular course of business, except as otherwise
indicated herein.
2. I make this affirmation in Opposition to Defendant Northville Industries Corp.’s Motion
to Dismiss Plaintiffs’ First Amended Verified Complaint.
3 Attached hereto as Exhibit 1, is a true and correct copy of Plaintiffs’ First Amended
Verified Complaint (hereinafter “Plaintiffs” Amended Complaint’) against Defendant Northville
Industries Corp. (hereinafter “Defendant” or Northville”).
4 Attached hereto as Exhibit 2, is a true and correct copy of a Stipulation and Corrective
Action Plan entered into between the New York State Department of Environmental
Conservation and Northville, dated September 1996.
5 Attached hereto as Exhibit 3, is a true and correct copy of the Assignment Agreement
between Northville and Tartan Oil Corp (hereinafter “TOC”) dated April 7, 1995.
6 Attached hereto as Exhibit 4, is a true and correct copy of the Contract of Sale between
TOC and Leon dated January 8, 1999 and the Assignment and Assumption of Lease between
C.P. Service Station Operating Corp. (hereinafter “CP”) and Leon dated August 6, 1999.
7 Attached hereto as Exhibit 5, is a true and correct copy of the Decision and Order of the
Hon. Shira A. Scheindlin, United States District Judge for the Southern District of New York (in
TOC and CP’s federal third party action against Northville) dated December 21, 2010.
8 Attached hereto as Exhibit 6, is a true and correct copy of Northville’s Reply
Memorandum of Law, dated October 25, 2010, in support of its motion to dismiss TOC and CP’s
federal third party action.
Dated: Ardsley, New York
April 29, 2013
tbe ———
DebyfL. Rothberg, Esq.
Document Filed Date
April 29, 2013
Case Filing Date
August 07, 2012
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INDEX NO. 601536/2012 (FILED: NASSAU COUNTY CLERK 0472972013) NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 04/29/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU HoSiee eee ntisetacios te eenecsmeseeeccceasansensncmaSescacenwanseme Index No. 601536/2012-e LEON HOLDINGS, LLC and LEON PETROLEUM, LLC, Plaintiffs, AFFIRMATION IN OPPOSITION TO MOTION TO DISMISS THE AMENDED COMPLAINT -against- NORTHVILLE INDUSTRIES CORP., Defendant. Spaneeweesasbenasmewennccrsreawueeeneeceemueweaeenemee eee DEBRA L. ROTHBERG, an attorney duly admitted to practice in the State of New York, hereby affirms the following to be true under penalties of perjury: 1 I am a member of the bar of the State of New York and the principal shareholder of DL Rothberg & Associates, P.C. (“DLRA”), counsel for Plaintiffs Leon Holdings, LLC and Leon Petroleum, LLC (collectively “Plaintiffs” or “Leon”) in the above-captioned matter. This Affirmation is based on my personal knowledge, including knowledge obtained as a result of my review of records made and maintained in the regular course of business, except as otherwise indicated herein. 2. I make this affirmation in Opposition to Defendant Northville Industries Corp.’s Motion to Dismiss Plaintiffs’ First Amended Verified Complaint. 3 Attached hereto as Exhibit 1, is a true and correct copy of Plaintiffs’ First Amended Verified Complaint (hereinafter “Plaintiffs” Amended Complaint’) against Defendant Northville Industries Corp. (hereinafter “Defendant” or Northville”). 4 Attached hereto as Exhibit 2, is a true and correct copy of a Stipulation and Corrective Action Plan entered into between the New York State Department of Environmental Conservation and Northville, dated September 1996. 5 Attached hereto as Exhibit 3, is a true and correct copy of the Assignment Agreement between Northville and Tartan Oil Corp (hereinafter “TOC”) dated April 7, 1995. 6 Attached hereto as Exhibit 4, is a true and correct copy of the Contract of Sale between TOC and Leon dated January 8, 1999 and the Assignment and Assumption of Lease between C.P. Service Station Operating Corp. (hereinafter “CP”) and Leon dated August 6, 1999. 7 Attached hereto as Exhibit 5, is a true and correct copy of the Decision and Order of the Hon. Shira A. Scheindlin, United States District Judge for the Southern District of New York (in TOC and CP’s federal third party action against Northville) dated December 21, 2010. 8 Attached hereto as Exhibit 6, is a true and correct copy of Northville’s Reply Memorandum of Law, dated October 25, 2010, in support of its motion to dismiss TOC and CP’s federal third party action. Dated: Ardsley, New York April 29, 2013 tbe ——— DebyfL. Rothberg, Esq.