Preview
FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
PRIVILEGE UNDERWRITERS RECIPROCAL
EXCHANGE as subrogee OF JOHN E.NARVESEN and REPLY TO CROSS-CLAIM
MARK WOLK,
Index No. 613532/2019
Plaintiffs,
v.
DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC, COLLINS BROTHERS MOVING
CORPORATION, and NANCY DAVIS,
Defendants.
----------------------------------------------------------------------X
Defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving &
Storage, LLC, by SMITH MAZURE, P.C., answer the cross-claims of defendant, Nancy Davis,
dated October 16, 2019 and October 28, 2019 as follows:
1. With respect to the October 16, 2019 cross-claims, defendants, Collins Brothers
Moving Corp. and Despatch of Southampton Moving & Storage, LLC, deny each and every
allegation set forth in the cross-claims enumerated in paragraphs 18 and 19.
2. With regard to the October 28, 2019 cross-claims defendants, Collins Brothers
Moving Corp. and Despatch of Southampton Moving & Storage, LLC, deny each and every
allegation set forth in the cross-claims enumerated in paragraphs 18 and 19.
WHEREFORE, Defendants demand judgment dismissing the cross-claim herein, together
with the costs and disbursements.
Dated: New York, New York
April 27, 2020
Yours, etc.,
1 of 4
FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020
SMITH MAZURE, P.C.
Attorneys for Defendants
Collins Brothers Moving Corp. and Despatch
of Southampton Moving & Storage, LLC
111 John Street
New York, NY 10038
(212) 964-7400
Our File No. HUD-00768
TO:
Cuomo LLC
Attorney for Defendant
Nancy Davis
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222/(516) 741-3223 (F)
ON NOTICE:
Morrison Law Firm, P.C.
Attorney for Plaintiff
Privilege Underwriters Reciprocal Exchange, as subrogee of John E. Narvesen and Mark Wolk
445 Hamilton Avenue, Suite 402
White Plains, NY 10601
(914) 239-3650
CJP/nmo
111
2
2 of 4
FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020
VERIFICATION
Catherine J. Poissant, an attorney duly admitted to practice law in the State of
New York, hereby affirms the truth of the following under penalty of perjury and pursuant to
CPLR 2106:
I am a member of Smith Mazure, P.C., and I have read the contents of the
foregoing reply to cross-claim and itis true of my own knowledge, except as to the matters
therein stated to be alleged on information and belief and that as to those matters I believe them
to be true.
(X ) I make this verification because Defendants, Collins Brothers
Moving Corp. and Despatch of Southampton Moving &
Storage, LLC, have their principle place of business outside of
the county where Smith Mazure, P.C. maintains its office.
( ) I make this verification because Defendants, Collins Brothers
Moving Corp. and Despatch of Southampton Moving &
Storage, LLC, is a corporation and Smith Mazure, P.C., is its
attorney in this action and my knowledge is based upon all
facts and corporation records available and in my possession.
Dated: New York, New York
April 27, 2020
Catherine J. Poissant
HUD-00768/111
3 of 4
FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X INDEX NO. 613532/2019
PRIVILEGE UNDERWRITERS RECIPROCAL
EXCHANGE as subrogee OF JOHN E.NARVESEN and
MARK WOLK,
Plaintiffs,
v.
DESPATCH OF SOUTHAMPTON MOVING &
STORAGE, LLC, COLLINS BROTHERS MOVING CORPORATION, and NANCY DAVIS,
Defendants.
----------------------------------------------------------------------X
VERIFIED REPLY TO CROSS-CLAIM
SMITH MAZURE, P.C.
Attorneys for Defendants
Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC
111 John Street
New York, NY 10038
(212) 964-7400
HUD-00768
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
Catherine J. Poissant hereby certifies
to the best of the undersigned’s knowledge and information and belief and after an inquiry
reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are
not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained
through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or
sharing in any fee earned there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111].
Dated: New York, New York Catherine J. Poissant
April 27, 2020
CJP/nmo
111
4 of 4
Preview
FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE as subrogee OF JOHN E.NARVESEN and REPLY TO CROSS-CLAIM MARK WOLK, Index No. 613532/2019 Plaintiffs, v. DESPATCH OF SOUTHAMPTON MOVING & STORAGE, LLC, COLLINS BROTHERS MOVING CORPORATION, and NANCY DAVIS, Defendants. ----------------------------------------------------------------------X Defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC, by SMITH MAZURE, P.C., answer the cross-claims of defendant, Nancy Davis, dated October 16, 2019 and October 28, 2019 as follows: 1. With respect to the October 16, 2019 cross-claims, defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC, deny each and every allegation set forth in the cross-claims enumerated in paragraphs 18 and 19. 2. With regard to the October 28, 2019 cross-claims defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC, deny each and every allegation set forth in the cross-claims enumerated in paragraphs 18 and 19. WHEREFORE, Defendants demand judgment dismissing the cross-claim herein, together with the costs and disbursements. Dated: New York, New York April 27, 2020 Yours, etc., 1 of 4 FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020 SMITH MAZURE, P.C. Attorneys for Defendants Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC 111 John Street New York, NY 10038 (212) 964-7400 Our File No. HUD-00768 TO: Cuomo LLC Attorney for Defendant Nancy Davis 200 Old Country Road, Suite 2 South Mineola, NY 11501 (516) 741-3222/(516) 741-3223 (F) ON NOTICE: Morrison Law Firm, P.C. Attorney for Plaintiff Privilege Underwriters Reciprocal Exchange, as subrogee of John E. Narvesen and Mark Wolk 445 Hamilton Avenue, Suite 402 White Plains, NY 10601 (914) 239-3650 CJP/nmo 111 2 2 of 4 FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020 VERIFICATION Catherine J. Poissant, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a member of Smith Mazure, P.C., and I have read the contents of the foregoing reply to cross-claim and itis true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. (X ) I make this verification because Defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC, have their principle place of business outside of the county where Smith Mazure, P.C. maintains its office. ( ) I make this verification because Defendants, Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC, is a corporation and Smith Mazure, P.C., is its attorney in this action and my knowledge is based upon all facts and corporation records available and in my possession. Dated: New York, New York April 27, 2020 Catherine J. Poissant HUD-00768/111 3 of 4 FILED: NASSAU COUNTY CLERK 05/13/2020 11:33 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 05/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X INDEX NO. 613532/2019 PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE as subrogee OF JOHN E.NARVESEN and MARK WOLK, Plaintiffs, v. DESPATCH OF SOUTHAMPTON MOVING & STORAGE, LLC, COLLINS BROTHERS MOVING CORPORATION, and NANCY DAVIS, Defendants. ----------------------------------------------------------------------X VERIFIED REPLY TO CROSS-CLAIM SMITH MAZURE, P.C. Attorneys for Defendants Collins Brothers Moving Corp. and Despatch of Southampton Moving & Storage, LLC 111 John Street New York, NY 10038 (212) 964-7400 HUD-00768 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a Catherine J. Poissant hereby certifies to the best of the undersigned’s knowledge and information and belief and after an inquiry reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]. Dated: New York, New York Catherine J. Poissant April 27, 2020 CJP/nmo 111 4 of 4