On December 19, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Crown Plaza Of Suffern Third Party Plaintiff,
Empire Executive Inn Llc Third Party Plaintiff,
Pacrim Hospitality Services Third Party Plaintiff,
Phs Us Management Third Party Plaintiff,
Veljko Banic,
and
Crowne Plaza Suffern,
Empire Executive Inn, Llc,
Executive Associates North Ii, L.L.C.,
Lynmark Construction And Management Co., Inc.,
Pacrim Hospitality Services,
Pat Scanlan Landscaping, Inc. Third Party Defendant,
Phs Us Management,
for Tort
in the District Court of Rockland County.
Preview
INDEX NO. 034380/2011
(FILED: ROCKLAND COUNTY CLERK 0770272013)
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/02/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
aan
VELJKO BANIC, Index No.: 034380/2011
Plaintiff, NOTICE OF MOTION FOR
SUMMARY DGMENT
- against-
PAT SCANLAN LANDSCAPING, INC.,
EMPIRE EXECUTIVE INN, LLC, d/b/a HOLIDAY
INN, CROWNE PLAZA SUFFERN and PHS US
MANAGEMENT,
Defendants.
a
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Danielle Tauber
sworn to on June 27, 2013 and the exhibits annexed hereto, defendant, EMPIRE
EXECUTIVE INN, LLC, d/b/a HOLIDAY INN, CROWNE PLAZA SUFFERN and
PHS US MANAGEMENT, will move this Court located at 1 South Main Street, New City
New York 10956 on the 26 day of July , 2013, at 9:30 a.m., or as soon thereafter as counsel
can be heard, for an Order of this Court pursuant to CPLR § 3212 (1) dismissing all of
plaintiff's claims against it. In the alternative, and in the event that this Court declines to grant
the moving defendants’ motion for summary judgment as to the plaintiff herein, movants’
respectfully request that (2) an Order be issued granting the moving defendants’ motion for
Common Law Indemnification pursuant to the agreement between EMPIRE EXECUTIVE
INN, LLC, d/b/a HOLIDAY INN, and co-defendant PAT SCANLAN LANDSCAPING,
INC., and (3) and for such other and further telief as the Court deems just and proper.
Pursuant to CPLR § 2214(b), answering papers, if any, are required to be served
upon Wilson, Elser, Moskowitz, Edelman & Dicker LLP at least seven (7) days before the
teturn date of this motion.
4623553.1
Dated: White Plains, New York
June 26, 2013
Yours, etc.,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By
‘aubet
ornéys for Defendants
EMPIRE EXECUTIVE INN, LLC
d/b/a HOLIDAY INN, CROWNE
PLAZA SUFFERN and PHS US
MANAGEMENT 3 Gannett Drive
White Plains, New York 10604
(914) 323-7000
Our File No.: 12722.00270
TO: MAINETTI, MAINETTI & O’CONNOR, P.C.
Joseph E. O’Connor, Esq.
Attomeys for Plaintiff
130 N. Front Street
P.O. Box 3058
Kingston, NY 12402
(845) 331-9434
BAXTER SMITH & SHAPIRO, P.C.
Amy L. Schaefer, Esq.
Attorneys for Defendant
PAT SCANLAN LANDSCAPING, INC.
200 Mamaroneck Avenue, Suite 601
White Plains, NY 10601
(914) 684-1055
4623553.1
Preview
INDEX NO. 034380/2011 (FILED: ROCKLAND COUNTY CLERK 0770272013) NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 07/02/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND aan VELJKO BANIC, Index No.: 034380/2011 Plaintiff, NOTICE OF MOTION FOR SUMMARY DGMENT - against- PAT SCANLAN LANDSCAPING, INC., EMPIRE EXECUTIVE INN, LLC, d/b/a HOLIDAY INN, CROWNE PLAZA SUFFERN and PHS US MANAGEMENT, Defendants. a COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed Affirmation of Danielle Tauber sworn to on June 27, 2013 and the exhibits annexed hereto, defendant, EMPIRE EXECUTIVE INN, LLC, d/b/a HOLIDAY INN, CROWNE PLAZA SUFFERN and PHS US MANAGEMENT, will move this Court located at 1 South Main Street, New City New York 10956 on the 26 day of July , 2013, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order of this Court pursuant to CPLR § 3212 (1) dismissing all of plaintiff's claims against it. In the alternative, and in the event that this Court declines to grant the moving defendants’ motion for summary judgment as to the plaintiff herein, movants’ respectfully request that (2) an Order be issued granting the moving defendants’ motion for Common Law Indemnification pursuant to the agreement between EMPIRE EXECUTIVE INN, LLC, d/b/a HOLIDAY INN, and co-defendant PAT SCANLAN LANDSCAPING, INC., and (3) and for such other and further telief as the Court deems just and proper. Pursuant to CPLR § 2214(b), answering papers, if any, are required to be served upon Wilson, Elser, Moskowitz, Edelman & Dicker LLP at least seven (7) days before the teturn date of this motion. 4623553.1 Dated: White Plains, New York June 26, 2013 Yours, etc., WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By ‘aubet ornéys for Defendants EMPIRE EXECUTIVE INN, LLC d/b/a HOLIDAY INN, CROWNE PLAZA SUFFERN and PHS US MANAGEMENT 3 Gannett Drive White Plains, New York 10604 (914) 323-7000 Our File No.: 12722.00270 TO: MAINETTI, MAINETTI & O’CONNOR, P.C. Joseph E. O’Connor, Esq. Attomeys for Plaintiff 130 N. Front Street P.O. Box 3058 Kingston, NY 12402 (845) 331-9434 BAXTER SMITH & SHAPIRO, P.C. Amy L. Schaefer, Esq. Attorneys for Defendant PAT SCANLAN LANDSCAPING, INC. 200 Mamaroneck Avenue, Suite 601 White Plains, NY 10601 (914) 684-1055 4623553.1