On July 17, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
31 East 28Th Street Note Buyer Llc,
and
Hagai Laniado,
Jack Terzi,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/18/2019 07:53 AM INDEX NO. 654085/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/18/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
31 EAST 28TH STREET NOTE BUYER LLC,
NOTICE OF MOTION
Plaintiff,
FOR SUMMARY
JUDGMENT IN LIEU
v. OF COMPLAINT
JACK TERZI and HAGAI LANIADO,
Index No.: 654085/2019
Defendants.
PLEASE TAKE NOTICE that, upon the Summons, dated July 15, 2019, the Affidavit
of Michael K. Shah, sworn to on July 16, 2019, and all proceedings had herein, the undersigned
will move this Court at the Motion Submissions Part Courtroom (Room 130) at the Courthouse
located at 60 Centre Street, New York, New York 10007 on September 18, 2019 at 9:30 a.m., or as
soon thereafter as counsel can be heard, for an Order, pursuant to CPLR 3213, for a summary
judgment in lieu of complaint, upon the ground that this action is based upon an instrument for
the payment of money only and there is no defense to the action, in favor of Plaintiff and agaiñst
Defendants Jack Terzi and Hagai Laniado for $3,989,703.00, plus interest at the rate of
attorneys'
$1,807.55 per day from June 10, 2019, plus fees, together with the costs and
disbursements of this action, and for such other and further relief as the Court deems just and
proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §§ 2215 and 3213,
answering papers and a notice of cross-motion with supporting papers, if any, must be served
upon the undersigned within twenty (20) days after the service of the Summons and this Notice
of Motion, exclusive of the day of service, or within thirty (30) days after the service is complete
{7398562:}
1 of 2
FILED: NEW YORK COUNTY CLERK 07/18/2019 07:53 AM INDEX NO. 654085/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/18/2019
ifthe Summons and this Notice of Motion were not personally delivered to you within the State
of New York.
DATED: July (, 2019
Rochester, New York
WOODS OVIATT GILMAN LLP
J c ndrew, Esq.
ttorneys for Plaintiff
1900 Bausch & Lomb Place
Rochester, New York 14604
585.987.2800
TO: Jack Terzi
58th
200 East Street, No. 8A
New York, New York 10022
Hagai Laniado
8"'
1002 East Street
Brooklyn, New York 11230
(7398562: }
2 of 2
Document Filed Date
July 18, 2019
Case Filing Date
July 17, 2019
Category
Commercial Division
Status
Disposed, Motion Pending
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FILED: NEW YORK COUNTY CLERK 07/18/2019 07:53 AM INDEX NO. 654085/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/18/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 31 EAST 28TH STREET NOTE BUYER LLC, NOTICE OF MOTION Plaintiff, FOR SUMMARY JUDGMENT IN LIEU v. OF COMPLAINT JACK TERZI and HAGAI LANIADO, Index No.: 654085/2019 Defendants. PLEASE TAKE NOTICE that, upon the Summons, dated July 15, 2019, the Affidavit of Michael K. Shah, sworn to on July 16, 2019, and all proceedings had herein, the undersigned will move this Court at the Motion Submissions Part Courtroom (Room 130) at the Courthouse located at 60 Centre Street, New York, New York 10007 on September 18, 2019 at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR 3213, for a summary judgment in lieu of complaint, upon the ground that this action is based upon an instrument for the payment of money only and there is no defense to the action, in favor of Plaintiff and agaiñst Defendants Jack Terzi and Hagai Laniado for $3,989,703.00, plus interest at the rate of attorneys' $1,807.55 per day from June 10, 2019, plus fees, together with the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §§ 2215 and 3213, answering papers and a notice of cross-motion with supporting papers, if any, must be served upon the undersigned within twenty (20) days after the service of the Summons and this Notice of Motion, exclusive of the day of service, or within thirty (30) days after the service is complete {7398562:} 1 of 2 FILED: NEW YORK COUNTY CLERK 07/18/2019 07:53 AM INDEX NO. 654085/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/18/2019 ifthe Summons and this Notice of Motion were not personally delivered to you within the State of New York. DATED: July (, 2019 Rochester, New York WOODS OVIATT GILMAN LLP J c ndrew, Esq. ttorneys for Plaintiff 1900 Bausch & Lomb Place Rochester, New York 14604 585.987.2800 TO: Jack Terzi 58th 200 East Street, No. 8A New York, New York 10022 Hagai Laniado 8"' 1002 East Street Brooklyn, New York 11230 (7398562: } 2 of 2