Preview
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
LUCAS EISELE,
Plaintiff, Index No.: 157046/2019
-against- VERIFIED ANSWER
92 LUDLOW OWNERS, LLC., THE AMBER AVALON
CORP. d/b/a HOTEL CHANTELLE and JOHN DOE
#1 THOUGH #10,
Defendants.
X
Defendants, 92 LUDLOW OWNERS, LLC., and THE AMBER AVALON CORP. d/b/a
HOTEL CHANTELLE, by their attorneys, FLEISCHNER POTASH LLP, as and for their
answer to the plaintiffs complaint, respectfully allege(s):
AS AND FOR A FIRST CAUSE OF ACTION
1. Deny each and every allegation set forth in paragraphs numbered "2", 4", "7", "8",
"9", "10", "11", "12", "13", "15', "16", "17", "18", "19", "20", "21", "22", "23", "24", "25", "26",
"27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42",
"58"
"43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "59",
"60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72", "73", "74", "75",
"76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87", "88", "89", "90", "91",
"100" "101."
"92", "93", "94", "95", "96", "97", "98", "99", and
2. Deny knowledge and information sufficient to form a belief as to those allegations
"14."
set forth in paragraph numbered
"5"
3. Admit as to those allegations set forth in paragraphs numbered "1", "3", and
"6."
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
4. Pursuant to CPLR Article 16, the liability of defendants, 92 LUDLOW OWNERS,
1 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
LLC., and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE, to the plaintiff herein for
non-ecoñorriic loss is limited to defendants', 92 LUDLOW OWNERS, LLC., and THE AMBER
AVALON CORP. d/b/a HOTEL CHANTELLE, equitable share determined in accordance with the
relative culpability of each person causing or contributing to the total liability for non-economic
loss.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
5. That by entering into the activity in which the plaintiff was engaged at the time of
the occurrence set forth in the complaint, said plaintiff knew the hazards thereof and the inherent
risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and
damages were sustained by the plaintiff herein as alleged in the complaint arose from and were
caused by reason of such risks voluntarily undertaken by the plaintiff in his activities and such risks
were assumed and accepted by him in performing and engaging in said activities.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
6. The defendants not being fully advised as to all the facts and circumstances
surrounding the incident complained of, hereby assert and reserve unto themselves the defenses of
accord and satisfaction, arbitration and award, assumption of risk, contributory negligence,
discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow
servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations,
waiver, and any other matter constituting an avoidance or affirmative defense which the further
investigation of this matter may prove applicable herein.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
7. The defendants plead the defense of collateral estoppel by reason of the fact that
there has been an adjudication and determination of the issues of the plaintiff's claim prior to the
commencement of this action.
2 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
8. Plaintiff has recovered the costs of medical care, dental care, custodial care,
rehabilitation services, loss of earnings and other economical loss and any future such loss or
expense will, with reasonable certainty, be replaced or indemnified in whole or in part from
collateral sources. Any award made to plaintiff shall be reduced in accordance with the provisions
of CPLR 4545(c).
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
9. Any damages sustained by the plaintiff were caused by the culpable conduct of the
plaintiff, including contributory negligence, assumption of risks, breach of contract and not by the
culpable conduct or negligence of this answering defendant. But if a verdict of judgment is awarded
to the plaintiff, then and in that event the damages shall be reduced in the proportion which the
culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the
damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
10. The risks and dangers, if any, were open, obvious, notorious, and apparent.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
11. Plaintiff's claim is barred, in whole or in part, as defendant was faced with an
emergency situation, not of the defendant's making, which was unavoidable, pursuant to the
emergency doctrine.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
12. The complaint fails to state a claim.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
13. The amounts recoverable by plaintiff are subject to limitation pursuant to Section
1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other persons
3 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
who are, or with reasonable diligence could have been made party defendants to this action, or
pursuant to Section 15-108 of the General Obligations Law, by reason of a prior settlement
between plaintiff and said persons, or pursuant to Section 4545 of the Civil Practice Law and
Rules are subject to reduction by collateral sources received by plaintiff.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
14. The Plaintiff was negligent in failing to mitigate its damages by seeking
appropriate remedial measures after the occurrence of the alleged incident.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
15. That these answering Defendants were without notice of any of the purported
conditions alleged in the various complaints.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
16. The defendants plead the defense of Res Judicata by reason of the fact that there has
been an adjudication and determination of the merits of the plaintiffs claim prior to the
commencement of this action.
AS AND FOR THE FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS
JOHN DOE #1 THOUGH #10
17. That if plaintiff was caused to sustain damages by reason of the claims set forth in
the complaiñt, all of which are specifically denied, such damages were sustained by reason of the
acts, conduct, misfeasance or nonfeasance, of co-defendants JOHN DOE #1 THOUGH #10, their
agents, servants and/or employees, and not by these answering defendants, and if any judgment is
recovered by plaintiff against these answering defendants, such defendants will be damaged
thereby, and co-defendants JOHN DOE #1 THOUGH #10 is or will be responsible therefore in
whole or in part. Defendants hereby demand an answer to this cross-claim in accordance with
CPLR §3011.
4 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
AS AND FOR THE_SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS
JOHN DOE #1 THOUGH #10
18. That if plaintiff was caused to sustain daniages by reason of the claims set forth in
the complaint, allof which are specifically denied, and if any judgment is recovered by the plaintiff
against these answering defendants that under a contract entered into between the parties or by
reason of express or implied warranty, the co-defendants, JOHN DOE #1 THOUGH #10, will be
liable over to these answering defendants pursuant to the terms of the indemnity agreement in said
contract or warranty, for the full amount of any verdict or judgment awarded to the plaintiff against
these answering defendants, together with attorneys fees, costs and disbursements. Defendants
hereby demand an answer to this cross-claim in accordance with CPLR §3011.
WHEREFORE, defendants, 92 LUDLOW OWNERS, LLC., and THE AMBER AVALON
CORP. d/b/a HOTEL CHANTELLE demand judgment dismissing the complaint herein together
with the costs and disbursements of this action.
Dated: New York, New York
October 30, 2019
Yours, etc.,
FLEISCHNER POTASH LLP
By:
Kevin J. McArdle
Attorneys for Defendants
92 LUDLOW OWNERS, LLC. and
THE AMBER AVALON CORP.
d/b/a HOTEL CHANTELLE
14 Wall Street, Suite 5C
New York, New York 10005
(646) 520-4200
Our File No.: 386-22176
TO: (See Attached Affidavit)
5 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss:
Kevin J. McArdle, being duly sworn, deposes and says:
That he isthe attorney for the defendant in the within action; that he has read the within Answer and
knows the contents thereof, and that same is true to his own knowledge, except and to the matters
herein stated to be alleged upon information and belief, and that as to those matters he believes itto
be true.
That the sources of his information and knowledge are investigation and records on file.
That the reason this verification is being made by deponent and not by defendant is that the
defendant is not within the county where deponent has his office.
Kevin J. McArdle
Swom to before me this
30*
day of October, 2019
LAURENRICCIOMELTZER
ig0TARYPUBllC, State of NewYork
No 01R19^Ç355
Qualified in 1/mzCounty
mmission Expiresfuly 28,
6 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss:
Fejzije Avdiu, being duly sworn, deposes and says:
That I am not a party to the within action, am over 18 years of age and reside in Richmond
County, New York.
That on October 30, 2019, deponent served the within VERIFIED ANSWER upon the
attorneys and parties listed below by ELECTRONIC FILING (ECF), by United States
prepaid mail by placing same in a mailbox in the State of New York:
TO:
Zandra D'Ambrosio
Suris & Associates, P.C.
Attorneys for Plaintiff
395 North Service Road- Suite 302
Melville, New York 11747
631-423-9700
Fej je vdiu
Sworn to before me this
30"'
day of October, 2019
LAURENRICCIO
MELŸŸR
NOTARYPUSUC.State
of NewY t
L
No.
01RI5082855
Ovalkedn Km Co
7 of 8
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019
Index No.: 157046/2019 Year 2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LUCAS EISELE,
Plaintiff,
-against-
92 LUDLOW OWNERS, LLC., THE AMBER AVALON
CORP. d/b/a HOTEL CHANTELLE and JOHN DOE
#1 THOUGH #10,
Defendants.
VERIFIED ANSWER
FLEISCHNER POTASH LLP
Attorneys for DEFENDANTS
92 LUDLOW OWNERS, LLC. and
THE AMBER AVALON CORP.
d/b/a HOTEL CHANTELLE
14 Wall Street, Suite 5C
New York, New York 10005
(646) 520-4200
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
.........................
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
entered in the office of the clerk of the within named Court on
NOTICE OF
ENTRY
--| that an Order of which the within is a true copy will be presented for settlement to the
Hon.
one of the judges of the within named Court, at , on , at .
NOTICE OF 8 of 8
T'
Preview
FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X LUCAS EISELE, Plaintiff, Index No.: 157046/2019 -against- VERIFIED ANSWER 92 LUDLOW OWNERS, LLC., THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE and JOHN DOE #1 THOUGH #10, Defendants. X Defendants, 92 LUDLOW OWNERS, LLC., and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE, by their attorneys, FLEISCHNER POTASH LLP, as and for their answer to the plaintiffs complaint, respectfully allege(s): AS AND FOR A FIRST CAUSE OF ACTION 1. Deny each and every allegation set forth in paragraphs numbered "2", 4", "7", "8", "9", "10", "11", "12", "13", "15', "16", "17", "18", "19", "20", "21", "22", "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "58" "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87", "88", "89", "90", "91", "100" "101." "92", "93", "94", "95", "96", "97", "98", "99", and 2. Deny knowledge and information sufficient to form a belief as to those allegations "14." set forth in paragraph numbered "5" 3. Admit as to those allegations set forth in paragraphs numbered "1", "3", and "6." AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. Pursuant to CPLR Article 16, the liability of defendants, 92 LUDLOW OWNERS, 1 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 LLC., and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE, to the plaintiff herein for non-ecoñorriic loss is limited to defendants', 92 LUDLOW OWNERS, LLC., and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE, equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 5. That by entering into the activity in which the plaintiff was engaged at the time of the occurrence set forth in the complaint, said plaintiff knew the hazards thereof and the inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained by the plaintiff herein as alleged in the complaint arose from and were caused by reason of such risks voluntarily undertaken by the plaintiff in his activities and such risks were assumed and accepted by him in performing and engaging in said activities. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 6. The defendants not being fully advised as to all the facts and circumstances surrounding the incident complained of, hereby assert and reserve unto themselves the defenses of accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense which the further investigation of this matter may prove applicable herein. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 7. The defendants plead the defense of collateral estoppel by reason of the fact that there has been an adjudication and determination of the issues of the plaintiff's claim prior to the commencement of this action. 2 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 8. Plaintiff has recovered the costs of medical care, dental care, custodial care, rehabilitation services, loss of earnings and other economical loss and any future such loss or expense will, with reasonable certainty, be replaced or indemnified in whole or in part from collateral sources. Any award made to plaintiff shall be reduced in accordance with the provisions of CPLR 4545(c). AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 9. Any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff, including contributory negligence, assumption of risks, breach of contract and not by the culpable conduct or negligence of this answering defendant. But if a verdict of judgment is awarded to the plaintiff, then and in that event the damages shall be reduced in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 10. The risks and dangers, if any, were open, obvious, notorious, and apparent. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 11. Plaintiff's claim is barred, in whole or in part, as defendant was faced with an emergency situation, not of the defendant's making, which was unavoidable, pursuant to the emergency doctrine. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 12. The complaint fails to state a claim. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 13. The amounts recoverable by plaintiff are subject to limitation pursuant to Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other persons 3 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 who are, or with reasonable diligence could have been made party defendants to this action, or pursuant to Section 15-108 of the General Obligations Law, by reason of a prior settlement between plaintiff and said persons, or pursuant to Section 4545 of the Civil Practice Law and Rules are subject to reduction by collateral sources received by plaintiff. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 14. The Plaintiff was negligent in failing to mitigate its damages by seeking appropriate remedial measures after the occurrence of the alleged incident. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 15. That these answering Defendants were without notice of any of the purported conditions alleged in the various complaints. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 16. The defendants plead the defense of Res Judicata by reason of the fact that there has been an adjudication and determination of the merits of the plaintiffs claim prior to the commencement of this action. AS AND FOR THE FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS JOHN DOE #1 THOUGH #10 17. That if plaintiff was caused to sustain damages by reason of the claims set forth in the complaiñt, all of which are specifically denied, such damages were sustained by reason of the acts, conduct, misfeasance or nonfeasance, of co-defendants JOHN DOE #1 THOUGH #10, their agents, servants and/or employees, and not by these answering defendants, and if any judgment is recovered by plaintiff against these answering defendants, such defendants will be damaged thereby, and co-defendants JOHN DOE #1 THOUGH #10 is or will be responsible therefore in whole or in part. Defendants hereby demand an answer to this cross-claim in accordance with CPLR §3011. 4 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 AS AND FOR THE_SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS JOHN DOE #1 THOUGH #10 18. That if plaintiff was caused to sustain daniages by reason of the claims set forth in the complaint, allof which are specifically denied, and if any judgment is recovered by the plaintiff against these answering defendants that under a contract entered into between the parties or by reason of express or implied warranty, the co-defendants, JOHN DOE #1 THOUGH #10, will be liable over to these answering defendants pursuant to the terms of the indemnity agreement in said contract or warranty, for the full amount of any verdict or judgment awarded to the plaintiff against these answering defendants, together with attorneys fees, costs and disbursements. Defendants hereby demand an answer to this cross-claim in accordance with CPLR §3011. WHEREFORE, defendants, 92 LUDLOW OWNERS, LLC., and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE demand judgment dismissing the complaint herein together with the costs and disbursements of this action. Dated: New York, New York October 30, 2019 Yours, etc., FLEISCHNER POTASH LLP By: Kevin J. McArdle Attorneys for Defendants 92 LUDLOW OWNERS, LLC. and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE 14 Wall Street, Suite 5C New York, New York 10005 (646) 520-4200 Our File No.: 386-22176 TO: (See Attached Affidavit) 5 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: Kevin J. McArdle, being duly sworn, deposes and says: That he isthe attorney for the defendant in the within action; that he has read the within Answer and knows the contents thereof, and that same is true to his own knowledge, except and to the matters herein stated to be alleged upon information and belief, and that as to those matters he believes itto be true. That the sources of his information and knowledge are investigation and records on file. That the reason this verification is being made by deponent and not by defendant is that the defendant is not within the county where deponent has his office. Kevin J. McArdle Swom to before me this 30* day of October, 2019 LAURENRICCIOMELTZER ig0TARYPUBllC, State of NewYork No 01R19^Ç355 Qualified in 1/mzCounty mmission Expiresfuly 28, 6 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: Fejzije Avdiu, being duly sworn, deposes and says: That I am not a party to the within action, am over 18 years of age and reside in Richmond County, New York. That on October 30, 2019, deponent served the within VERIFIED ANSWER upon the attorneys and parties listed below by ELECTRONIC FILING (ECF), by United States prepaid mail by placing same in a mailbox in the State of New York: TO: Zandra D'Ambrosio Suris & Associates, P.C. Attorneys for Plaintiff 395 North Service Road- Suite 302 Melville, New York 11747 631-423-9700 Fej je vdiu Sworn to before me this 30"' day of October, 2019 LAURENRICCIO MELŸŸR NOTARYPUSUC.State of NewY t L No. 01RI5082855 Ovalkedn Km Co 7 of 8 FILED: NEW YORK COUNTY CLERK 10/30/2019 01:58 PM INDEX NO. 157046/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/30/2019 Index No.: 157046/2019 Year 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LUCAS EISELE, Plaintiff, -against- 92 LUDLOW OWNERS, LLC., THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE and JOHN DOE #1 THOUGH #10, Defendants. VERIFIED ANSWER FLEISCHNER POTASH LLP Attorneys for DEFENDANTS 92 LUDLOW OWNERS, LLC. and THE AMBER AVALON CORP. d/b/a HOTEL CHANTELLE 14 Wall Street, Suite 5C New York, New York 10005 (646) 520-4200 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: ......................... Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a entered in the office of the clerk of the within named Court on NOTICE OF ENTRY --| that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at , on , at . NOTICE OF 8 of 8 T'