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FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------X
CIG, LLC d/b/a ELEVATIONS SHORING LLC,
Index No.: 606340/20
Plaintiff,
AFFIRMATION IN
-against- SUPPORT
LIPSKY BUILDING CONSTRUCTION, INC.,
BARRY LIPSKY, GOVERNOR’S OFFICE OF
STORM RECOVERY, HOUSING TRUST FUND
CORP., YOLETTE LOUIS, MICHAEL CERVERIZZO,
ROBERT POPP, COLEEN POPP, RANDY
TENNARIELLO, MARIA TENNARIELLO,
KEVIN O’CONNELL,
Defendants.
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ROVIN R. ROZARIO, an attorney duly licensed to practice law before the Courts
of the State of New York, hereby affirms the following, pursuant to penalties of perjury.
1. I am a member of the law firm ROZARIO TOUMA, P.C., attorneys of record for
Defendants GOVERNOR’S OFFICE OF STORM RECOVERY and HOUSING
TRUST FUND CORP., herein and as such, am fully familiar with the facts and
circumstances of this action, based on my review of the file and discussions with
my clients.
2. I submit this affirmation in Support with the accompanied Memorandum of Law
in Support of the above-mentioned Defendants’ motion to dismiss the Complaint,
pursuant to CPLR § 3211 (a) (3), for Plaintiff’s failure to comply with Section 802
of the New York State Limited Liability Company Law and for such other and
further relief that this Court deems just and proper.
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FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020
3. I hereby adopt and incorporate by reference, the arguments made in the
accompanying Memorandum on Law in Support, as if fully stated herein.
WHEREFORE, it is respectfully requested that the Plaintiff’s Complaint be
dismissed in its entirety and for such other and further relief that this Court deems
just and proper.
Dated: New York, New York
August 6, 2020
Rovin R. Rozario
_____________________________
Rovin R. Rozario
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FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020
Index No.: 606340/20
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CIG, LLC d/b/a ELEVATIONS SHORING LLC,
Plaintiff,
-against-
LIPSKY BUILDING CONSTRUCTION, INC., BARRY LIPSKY, GOVERNOR’S OFFICE OF STORM RECOVERY,
HOUSING TRUST FUND CORP., YOLETTE LOUIS, MICHAEL CERVERIZZO, ROBERT POPP, COLEEN POPP,
RANDY TENNARIELLO, MARIA TENNARIELLO, KEVIN O’CONNELL,
Defendant(s).
AFFIRMATION IN SUPPORT
ROZARIO TOUMA, P.C.
Attorneys for Defendants (HTFC & GOSR)
55 BROADWAY, 20th Floor
NEW YORK, NEW YORK 10006
(212) 301-2770
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice law in the State of New York, certifies
that, upon information and belief based upon reasonable inquiry, the contentions contained in the annexed document are not
frivolous.
Rovin R. Rozario
Dated: August 6, 2020 Signature: _______________________________
Print Signer’s Name: ROVIN R. ROZARIO
Service of a copy of the within is hereby
Admitted.
Dated: ……………………………………..…
Attorney (s) for
PLEASE TAKE NOTICE
â–¡ that the within is a (certified) true copy of an Order
Notice of Entered in the office of the clerk of the within named Court on
Entry
â–¡ That an Order of which the within is a true copy will be presented for settlement to the Hon.
Notice of one of the judges of the within named Court,
Settlement at on
20 , at .m.
Dated:
ROZARIO TOUMA, P.C.
Attorneys for Defendants (HTFC & GOSR)
55 BROADWAY, 20th Floor
NEW YORK, NEW YORK 10006
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FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------X CIG, LLC d/b/a ELEVATIONS SHORING LLC, Index No.: 606340/20 Plaintiff, AFFIRMATION IN -against- SUPPORT LIPSKY BUILDING CONSTRUCTION, INC., BARRY LIPSKY, GOVERNOR’S OFFICE OF STORM RECOVERY, HOUSING TRUST FUND CORP., YOLETTE LOUIS, MICHAEL CERVERIZZO, ROBERT POPP, COLEEN POPP, RANDY TENNARIELLO, MARIA TENNARIELLO, KEVIN O’CONNELL, Defendants. ------------------------------------------------------------------------X ROVIN R. ROZARIO, an attorney duly licensed to practice law before the Courts of the State of New York, hereby affirms the following, pursuant to penalties of perjury. 1. I am a member of the law firm ROZARIO TOUMA, P.C., attorneys of record for Defendants GOVERNOR’S OFFICE OF STORM RECOVERY and HOUSING TRUST FUND CORP., herein and as such, am fully familiar with the facts and circumstances of this action, based on my review of the file and discussions with my clients. 2. I submit this affirmation in Support with the accompanied Memorandum of Law in Support of the above-mentioned Defendants’ motion to dismiss the Complaint, pursuant to CPLR § 3211 (a) (3), for Plaintiff’s failure to comply with Section 802 of the New York State Limited Liability Company Law and for such other and further relief that this Court deems just and proper. 1 of 3 FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020 3. I hereby adopt and incorporate by reference, the arguments made in the accompanying Memorandum on Law in Support, as if fully stated herein. WHEREFORE, it is respectfully requested that the Plaintiff’s Complaint be dismissed in its entirety and for such other and further relief that this Court deems just and proper. Dated: New York, New York August 6, 2020 Rovin R. Rozario _____________________________ Rovin R. Rozario 2 of 3 FILED: NASSAU COUNTY CLERK 08/07/2020 12:17 PM INDEX NO. 606340/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/07/2020 Index No.: 606340/20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CIG, LLC d/b/a ELEVATIONS SHORING LLC, Plaintiff, -against- LIPSKY BUILDING CONSTRUCTION, INC., BARRY LIPSKY, GOVERNOR’S OFFICE OF STORM RECOVERY, HOUSING TRUST FUND CORP., YOLETTE LOUIS, MICHAEL CERVERIZZO, ROBERT POPP, COLEEN POPP, RANDY TENNARIELLO, MARIA TENNARIELLO, KEVIN O’CONNELL, Defendant(s). AFFIRMATION IN SUPPORT ROZARIO TOUMA, P.C. Attorneys for Defendants (HTFC & GOSR) 55 BROADWAY, 20th Floor NEW YORK, NEW YORK 10006 (212) 301-2770 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice law in the State of New York, certifies that, upon information and belief based upon reasonable inquiry, the contentions contained in the annexed document are not frivolous. Rovin R. Rozario Dated: August 6, 2020 Signature: _______________________________ Print Signer’s Name: ROVIN R. ROZARIO 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 an Order Notice of Entered in the office of the clerk of the within named Court on Entry □ That an Order of which the within is a true copy will be presented for settlement to the Hon. Notice of one of the judges of the within named Court, Settlement at on 20 , at .m. Dated: ROZARIO TOUMA, P.C. Attorneys for Defendants (HTFC & GOSR) 55 BROADWAY, 20th Floor NEW YORK, NEW YORK 10006 3 of 3