Preview
FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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JPMORGAN CHASE BANK, N.A.,
Plaintiff, NOTICE OF MOTION
-against- Index No. 60464/2019
375 AMSTERDAM AVENUE RESTAURANT LLC,
6530 SUNSET BOULEVARD RESTAURANT, LLC,
BIERGARTEN LLC,
KENNETH D. FRIEDMAN
and APRIL E. BLOOMFIELD,
Defendants.
---------- -------------------------------------------------------x
PLEASE TAKE NOTICE, that upon the attached Affidavit of CHRIS PETERSON,
sworn to January 22, 2020, together with exhibits attached thereto; the Affirmation of A.
ALBERT BUONAMICI, ESQ., dated January 28, 2020, together with exhibits attached thereto;
and the accompanying Memorandum of Law, the Undersigned will move this Court at an
Individual Assignment Part thereof at the Courthouse located at 111 Dr. Martin Luther King, Jr.,
Boulevard, White Plains, New York 10601, on February 21, 2020, at 9:30 o'clock in the
forenoon of that day, or as soon thereafter as counsel can be heard, for an Order:
1. Awarding Plaintiff judgment on the U.S. Small Business
Administration Note ("Contract #1") and Guarantees, as against
Defendants, 375 AMSTERDAM AVENUE RESTAURANT LLC,
BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL
E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the
ground that there is no defense to Plaintiffs action and that there
are no genuine issues of fact which require a trial; and upon the
default in appearance; and
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FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020
2. Awarding Plaintiffjudgment on the Promissory Note ("Contract
#2") and Guarantees, as against Defendants, 375 AMSTERDAM
AVENUE RESTAURANT LLC, BIERGARTEN, LLC,
KENNETH DEL FRIEDMAN and APRIL E BLOOMFIELD,
pursuant to CPLR §3212 and §3215, on the ground that there is no
defense to Plaintiffs action and that there are no genuine issues of
fact which require a trial;and upon the default in appearance; and
3. Awarding Plaintiff judgment on the U.S. Small Business
Administration Note ("Contract #3") and Guarantees, as against
Defendants, 6530 SUNSET BOULEVARD RESTAURANT, LLC,
BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL
E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the
ground that there is no defense to Plaintiffs action and that there
are no genuine issues of fact which require a trial;and upon the
default in appearance; and
4. Awarding Plaintiff counsel fees, as authorized by the notes and
guarantees, as against Defendants, 375 AMSTERDAM AVENUE
RESTAURANT LLC, 6530 SUNSET BOULEVARD
RESTAURANT, LLC, BIERGARTEN, LLC, KENNETH DEL
FRIEDMAN and APRIL E BLOOMFIELD, pursuant to CPLR
§3212 and §3215, on the ground that there is no defense to
Plaintiffs action and that there are no genuine issues of fact which
require a trial;and upon the default in appearance; and
5. Awarding the Plaintiff summary judgment pursuant to CPLR
§3211 and §3212, dismissing the Affirmative Defenses interposed
by the Defendants in the above-captioned action on the ground that
there is no defense to Plaintiff's action; and
6. Awarding Plaintiff such other and further relief as to the Court
may deem just and proper.
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FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits, if any, must be served upon the undersigned not less than seven (7) days prior to the
return date of this motion.
Dated: White Plains, New York
January 28, 2020
Yours, etc.
BU N & RAUS, LLP
BY: . ALBERT BUONAMICI, ESQ.
Attorneys for Plaintiff
222 Bloomingdale Road Suite 301
White Plains, New York 10605
(914) 288-9200
TO:
JOSHUA H. ABRAMSON, ESQ.
PORZIO, BROMBERG & NEWMAN, P.C.
Attorneys for Defendant APRIL E BLOOMFIELD
156 West 56th Street, Suite 803
New York, NY 10019-3800
(646) 348-6720
CLIFF A. KATZ, ESQ.
PLATZER, SWERGOLD, LEVINE, GOLDBERG, KATZ & JASLOW, LLP
Attorneys for Defendant KENNETH DEL FRIEDMAN
475 Park Avenue South, 18th Floor
New York, NY 10016
(212) 593-3000 ext 244
Certification
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the
courts of New York, certifies that, upon information and belief and r nable inquiry, the
contentions contained in the attached motion are not frivolous.
Dated: January 28, 2020
A. ÂLB T UONAMICI, ESQ.
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Preview
FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------- --x JPMORGAN CHASE BANK, N.A., Plaintiff, NOTICE OF MOTION -against- Index No. 60464/2019 375 AMSTERDAM AVENUE RESTAURANT LLC, 6530 SUNSET BOULEVARD RESTAURANT, LLC, BIERGARTEN LLC, KENNETH D. FRIEDMAN and APRIL E. BLOOMFIELD, Defendants. ---------- -------------------------------------------------------x PLEASE TAKE NOTICE, that upon the attached Affidavit of CHRIS PETERSON, sworn to January 22, 2020, together with exhibits attached thereto; the Affirmation of A. ALBERT BUONAMICI, ESQ., dated January 28, 2020, together with exhibits attached thereto; and the accompanying Memorandum of Law, the Undersigned will move this Court at an Individual Assignment Part thereof at the Courthouse located at 111 Dr. Martin Luther King, Jr., Boulevard, White Plains, New York 10601, on February 21, 2020, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order: 1. Awarding Plaintiff judgment on the U.S. Small Business Administration Note ("Contract #1") and Guarantees, as against Defendants, 375 AMSTERDAM AVENUE RESTAURANT LLC, BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the ground that there is no defense to Plaintiffs action and that there are no genuine issues of fact which require a trial; and upon the default in appearance; and 1 of 3 FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020 2. Awarding Plaintiffjudgment on the Promissory Note ("Contract #2") and Guarantees, as against Defendants, 375 AMSTERDAM AVENUE RESTAURANT LLC, BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the ground that there is no defense to Plaintiffs action and that there are no genuine issues of fact which require a trial;and upon the default in appearance; and 3. Awarding Plaintiff judgment on the U.S. Small Business Administration Note ("Contract #3") and Guarantees, as against Defendants, 6530 SUNSET BOULEVARD RESTAURANT, LLC, BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the ground that there is no defense to Plaintiffs action and that there are no genuine issues of fact which require a trial;and upon the default in appearance; and 4. Awarding Plaintiff counsel fees, as authorized by the notes and guarantees, as against Defendants, 375 AMSTERDAM AVENUE RESTAURANT LLC, 6530 SUNSET BOULEVARD RESTAURANT, LLC, BIERGARTEN, LLC, KENNETH DEL FRIEDMAN and APRIL E BLOOMFIELD, pursuant to CPLR §3212 and §3215, on the ground that there is no defense to Plaintiffs action and that there are no genuine issues of fact which require a trial;and upon the default in appearance; and 5. Awarding the Plaintiff summary judgment pursuant to CPLR §3211 and §3212, dismissing the Affirmative Defenses interposed by the Defendants in the above-captioned action on the ground that there is no defense to Plaintiff's action; and 6. Awarding Plaintiff such other and further relief as to the Court may deem just and proper. 2 of 3 FILED: WESTCHESTER COUNTY CLERK 01/28/2020 03:36 PM INDEX NO. 60464/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 01/28/2020 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits, if any, must be served upon the undersigned not less than seven (7) days prior to the return date of this motion. Dated: White Plains, New York January 28, 2020 Yours, etc. BU N & RAUS, LLP BY: . ALBERT BUONAMICI, ESQ. Attorneys for Plaintiff 222 Bloomingdale Road Suite 301 White Plains, New York 10605 (914) 288-9200 TO: JOSHUA H. ABRAMSON, ESQ. PORZIO, BROMBERG & NEWMAN, P.C. Attorneys for Defendant APRIL E BLOOMFIELD 156 West 56th Street, Suite 803 New York, NY 10019-3800 (646) 348-6720 CLIFF A. KATZ, ESQ. PLATZER, SWERGOLD, LEVINE, GOLDBERG, KATZ & JASLOW, LLP Attorneys for Defendant KENNETH DEL FRIEDMAN 475 Park Avenue South, 18th Floor New York, NY 10016 (212) 593-3000 ext 244 Certification Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York, certifies that, upon information and belief and r nable inquiry, the contentions contained in the attached motion are not frivolous. Dated: January 28, 2020 A. ÂLB T UONAMICI, ESQ. 3 of 3