On October 29, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Jmb Apparel Designer Group, Inc.,
and
D-Nach, Ltd.,
Fab Mill, Inc.,
Robert S Arochas,
for Commercial Division
in the District Court of New York County.
Preview
INDEX NO. 651885/2010
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/08/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JMB APPAREL DESIGNER GROUP, INC., Motion #1
Plaintiff, Index No. 651885/10
Vv,
NOTICE OF MOTION
ROBERT S. AROCHAS, D-NACH, LTD., and SEEKING DISMISSAL OF
FAB MILL, INC., PLAINTIFF’S COMPLAINT
AND A DEFAULT JUDGMENT
Defendants. ON DEFENDANTS’ COUNTERCLAIMS
SIRS:
PLEASE TAKE NOTICE, that upon the annexed affirmation of Murray L. Skala, Esq., dated
February 8, 2011, the exhibits annexed thereto, the memorandum of law dated February 8, 2011, and
upon all prior pleadings and proceedings heretofore had herein, defendants will move this Court at the
Motion Submissions Part thereof, Room 130, in the courthouse located at 60 Centre Street, New York,
New York, on February 28, 2011 at 9:30 A.M. or as soon thereafter as counsel can be heard, for an
order: a) pursuant to C.P.L.R. §3211(a)(1) and/or §3211(a)(7) dismissing the complaint in this action
based on documentary evidence and/or for failure to state a claim upon which relief can be granted; b)
pursuant to C.P.L.R. §3012 for a default judgment as to liability on their counterclaims; and c) for such
other and further relief as this Court deems just and equitable.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. §2214(b), answering papers,
if any, are required to be served upon the undersigned at least seven days prior to the return date of this
motion.
Dated: New York, New York
February 8, 2011
Feder, Kaszovitz LLP
Attorneys for the Defendants
By:
Bruce Robins, Esq.
845 Third Avenue
New York, N.Y. 10022-6601
(212) 888-8200
Email address brobins@fedkas.com
To Joseph H. Adams, Esq.
Attorney for plaintiff
76 Burd Street
Nyack, N.Y. 10960
(845) 353-6934
Email address joelaw@attglobal.net
X:\BR\Arochas\arojmbdmnom.wpd
Document Filed Date
February 08, 2011
Case Filing Date
October 29, 2010
Category
Commercial Division
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INDEX NO. 651885/2010 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 02/08/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JMB APPAREL DESIGNER GROUP, INC., Motion #1 Plaintiff, Index No. 651885/10 Vv, NOTICE OF MOTION ROBERT S. AROCHAS, D-NACH, LTD., and SEEKING DISMISSAL OF FAB MILL, INC., PLAINTIFF’S COMPLAINT AND A DEFAULT JUDGMENT Defendants. ON DEFENDANTS’ COUNTERCLAIMS SIRS: PLEASE TAKE NOTICE, that upon the annexed affirmation of Murray L. Skala, Esq., dated February 8, 2011, the exhibits annexed thereto, the memorandum of law dated February 8, 2011, and upon all prior pleadings and proceedings heretofore had herein, defendants will move this Court at the Motion Submissions Part thereof, Room 130, in the courthouse located at 60 Centre Street, New York, New York, on February 28, 2011 at 9:30 A.M. or as soon thereafter as counsel can be heard, for an order: a) pursuant to C.P.L.R. §3211(a)(1) and/or §3211(a)(7) dismissing the complaint in this action based on documentary evidence and/or for failure to state a claim upon which relief can be granted; b) pursuant to C.P.L.R. §3012 for a default judgment as to liability on their counterclaims; and c) for such other and further relief as this Court deems just and equitable. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. §2214(b), answering papers, if any, are required to be served upon the undersigned at least seven days prior to the return date of this motion. Dated: New York, New York February 8, 2011 Feder, Kaszovitz LLP Attorneys for the Defendants By: Bruce Robins, Esq. 845 Third Avenue New York, N.Y. 10022-6601 (212) 888-8200 Email address brobins@fedkas.com To Joseph H. Adams, Esq. Attorney for plaintiff 76 Burd Street Nyack, N.Y. 10960 (845) 353-6934 Email address joelaw@attglobal.net X:\BR\Arochas\arojmbdmnom.wpd