Preview
FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF DELAWARE
TOSHIYUKI SHIOYA,
Plaintiff,
ATTORNEY AFFIDAVIT
-against-
Index No. 2016-305
HANAH COUNTRY INN MANAGEMENT
CORPORATION, DEBRA J. STORMS,
YU NAGASAKA, FOX HORAN & CAMERINI,
LLP and CHIZUKO UENO,
Defendants.
STATE OF NEW YORK )
COUNTY OF RENSSELAER) ss.:
SCOTT W. BUSH, being duly sworn deposes and says that:
1. I am an attorney duly licensed to practice law in the State of New York and a member
of the firm of Corrigan, McCoy & Bush, PLLC attorneys for the defendants, Fox
Horan & Camerini, LLP (hereinafter FHC) and Chizuko Ueno, in this matter. As such
I am fully familiar with all the facts, circumstances, papers and pleadings heretofore
had herein.
2. I submit this affidavit in support of a motion seeking summary judgment dismissing
the complaint against both of my clients.
3. Plaintiff was employed by Hanah Country Inn Management Corporation (hereinafter
Hanah). Plaintiff's employment was terminated. After his termination Hanah
conducted an investigation and found that the plaintiff used company credit cards and
company assets to pay for personal purchases, trips and entertainment. The
information and documentation was provided to the State Police. The State Police
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took statements, examined the records and filed a felony complaint against the
plaintiff. A warrant was issued for his arrest. When he returned to New York State
from Japan he was arrested. The District Attorney's Offices became involved. The
case was presented to a grand jury and the grand jury did not indict him. This action
was commenced for claims of false arrest, malicious prosecution, negligence and
intentional infliction of emotional distress.
4. My clients were counsel for Hanah Country Inn Management Corporation, Ms. Ueno
became involved after plaintiff had been terminated to look at documents and assist in
providing information to the State Police and District Attorney's Office and also to
act as interpreter since some of the individuals from Hanah did not speak English. I
would refer the Court to her affidavit which is submitted in support of this motion for
summary judgment.
5. A Summons and Complaint in this matter was filed on April 1, 2016. The Summons
and Complaint is attached as Exhibit A. Before serving an Answer the defendants
FHC and Ueno made a motion to dismiss. The Court denied that application finding
that the pleading on itsface was sufficient for stating a cause of action. A copy of the
Court's Decision is attached as Exhibit B. Subsequent to that decision my firm was
retained to represent FHC and Ueno. An Answer was Exhibit C. The co-
served,
defendant, Hanah, served an Answer, Exhibit D. Hanah was allowed to serve an
Amended Verified Answer with counterclaims, Exhibit E. Plaintiff served a Reply,
Exhibit F.
6. My offices served a Demand for Interrogatories on plaintiff, Exhibit G. Plaintiff
responded to the Interrogatories, Exhibit H.
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7. Your deponent expressed a number of objections to plaintiff with respect to their
response. Plaintiff then supplemented his answers to interrogatories, Exhibit I. In item
28 of the interrogatories (Exhibit G) plaintiff was asked about medical treatment in
response plaintiff identified Dr. Ryuichi. In response to discovery requests plaintiff
said he was treated by Dr. Nakagani Ryuichi on May 17, 2014 which was a date
before he was terminated from Hanah, Exhibit J item 2.
8. In essence the complaint alleges that the plaintiff was employed by Hanah and that
the criminal complaint was filed against him in retaliation for plaintiff having
complained about unsafe conditions at Hanah and that defendants wrongfully,
maliciously, negligently accused plaintiff of stealing approximately $24,000 from
Hanah.
9. The complaint alleges that in 2011 an inspection was done of the sprinkler and fire
system at Hanah and that there were problems with it.It isthen claimed that plaintiff
notified both his employer and the attorney defendants. The complaint alleges that
three years later on or about June 25, 2014 he brought the violations to the attention
of the firedepartment and that after that he was terminated. Plaintiff claims he filed a
complaint with OSHA (which ultimately was withdrawn). In paragraph 30 the
complaint alleges that defendants filed a criminal complaint (the State Police filed a
felony coniplaint not defendants). The complaint does acknowledge that a felony
complaint was issued and a warrant for plaintiff's arrest. Plaintiff was arrested on or
about October 6, 2015, taken to jail and that on December 17, 2015 the grand jury
refused to indict him.
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10. The complaint contains four counts; one for false arrest, one for malicious
prosecution, one for negligence and one for the intentional infliction of emotional
distress. It isrespectfully submitted that these causes of action are without merit.
1 1.It is interesting to note that plaintiff claims in his answers to interrogatories that he
was terminated on or around June 20, 2014, Exhibit H item 5, but his complaint says
itsJune 25*. In his testimony he says he was terminated June 30, 2014 (see below).
He doesn't even know when he was terminated.
12. A copy of the police investigation report together with the statements taken are
attached as Exhibit K. A copy of the felony complaint issued by the New York State
Police is attached as Exhibit L. The warrant for plaintiff's arrest which was issued by
a judge after reviewing the matter is attached as Exhibit M.
13. The testimony of a number of individuals was taken. The plaintiff was deposed over a
two day period. Excerpts of his testimony are attached as Exhibit N. Debra Storms, an
employee of Hanah, was taken. Excerpts of her testimony are attached as Exhibit O.
Yu Nagasaka's testimony was taken and excerpts of his testimony are attached as
Exhibit P. He was, and is,an employee of Hanah.
14. Plaintiff testified, Exhibit N, that he lives in Japan, page 9. He moved to the US in
2009 when he started working for Hanah, page 19. At page 43 and 44 describes how
he met Yu Nagasaka who was assigned to work at Hanah.
15. In the second day of his testimony he then says he was fired on June 30, 2014, page
178. He said he contacted the fire department officials the day before he was fired,
page 186. We made reference to a letter from an attorney of his in Japan and he says
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the letterwas not apologizing, page 187 to 189, he said he learned of his firing in
writing page 189.
16. On November 8, 2015 he was arrested. He was coming from Japan and arriving at
JFK airport, page 208-209. He was detained there for three hours and never told why,
page 209-210. No one ever told him he was detained at the page 212-
why airport,
213. He was arrested at 4 or 5 in the evening at the hotel, page 212. He was
handcuffed page 213. Then he says he was arrested at 4 or 5 in the morning, page
214-215. He does not know ifhe was told why he was arrested did not know ifhe
was placed in a police car page 214. He was in his pajamas page 215. He was taken to
the police station page 215-216. He never sought any medical, psychiatric,
psychological treatment page 232-233.
17. He testified that from June 30, 2015 when he says he was terminated up until the time
of his deposition he had never had any communications with my clients about
clients'
anything page 234. At page 236 we started addressing the issue of my role in
his arrest. He said initially he could not disclose to me how he knew of itand there
was a discussion about whether his attorney told him or not. Then he said at page 239
her name was on the police report, he said he didn't remember if he viewed the police
report prior to the grand jury testimony, page 239. Then he said he never saw a police
report page 239. Then he said at page 240 he saw her name in the police complaint.
He says itwas the complaint that Hanah requested to the police for his arrest page
241.
18. At page 243 he then said he heard itwhen a police officer who was interviewing him
and he said he heard that Chizuko and other Hanah staff were being interviewed at
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the police station page 243. At page 244 he says he doesn't recall about Chimlm
being interviewed or when itwas. He says itwas after he was in jail.He then says she
was at the grand jury page 244. Then he says he found about her involvement at the
time of the grand jury page 244. Then he says he leamed that she was being
interviewed at the grand jury page 245. At page 246 he testified he did not recall if
any police told him of my clients involvement. At page 247 he testified that he does
not know of any other attorney at FHC involved in his arrest or the pursuit of criminal
charges right up to the grand jury. He then tellsme he never heard anything from his
attorney about her involvement page 249. I asked again about my clients
involvement, he says that he learned that my client was interviewed at the grand jury
page 251. Then at page 252 and 253 he states that the only things he knows about my
client's involvement were three things, he saw her name on the document, (the
complaint from Hanah), sometime somewhere he learned of her being interviewed
and he saw her at the grand jury.
19. His testimony on my clients alleged involvement was all over the place but all he
claims was her name was on a document, he claims he heard she was being
interviewed and he saw her at the grand jury.
20. Debra Storms an employee of Hanah testified, Exhibit O, that she learned of the
safety issues after the plaintiff was gone page 43-44. She testified that an assistant,
Diana Johnson, discovered the issues with respect to the monies page 49-50. She
described how the information was obtained regarding disbursements page 54, 55.
She says that Japan directed them to go to the police page 65. She went with Chizuko
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Ueno page 66. The three of them went to the police page 67. That would be her, Yu
Nagasaka and Mike Ciaravino, Ms. Ueno was there too.
21. She did testify that Chizuko Ueno was with her at the station on November 17, 2014.
She testified at that time she was not aware that plaintiff had made a complaint about
the resort. She did describe that she was interviewed by the police page 74. She
doesn't know ifMs. Ueno was questioned page 75. She testified she wasn't aware of
the OSHA complaint when they went to the police page 76. She also testified that
Japan told her to let the police know when plaintiff was back in the States page 84.
That direction went through Masaka Kayam1ma or Yusan Nagasaka page 85. She
testified that she was aware of the fire suppression system life safety issues in July of
2014 page 87.
22. Yu Nagasaka was also deposed, Exhibit P. He was employed at Hanah Mountain
Resort starting in 2008, page 8. He said the plaintiff used Hanah's credit card without
consent, page 60. He went to the police and reported it,page 67. He said the credit
card was not used with his permission, page 65. He testified that Chizuko Ueno went
with him because he didn't speak English, page 67. He also testified that Storms and
Ciaravino went page 69. He said he went to the police twice, page 69 and 70. The
first time was with Chizuko Ueno, Mike Ciaravino and Debra Storms. He says in the
second visit Chizuko Ueno and Mr. Ito from headquarters went page 70. He doesn't
believe he spoke to the police page 70. He learned of the arrest from an email from
Ms. Ueno page 72. He says he testified before the grand jury, page 72.
23. It isrespectfully submitted that based on the testimony indicated above and based on
the exhibits particularly the State Police Investigation, the statements, the felony
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complaint and arrest warrant and based on the affidavit of Chizuko Ueno there is no
basis for any claim of false arrest, malicious prosecution, negligence or intentional
infliction of emotional distress. The record supports a legitimate belief that the
plaintiff used Hanah credit cards inappropriately for his own personal benefit. He did
not have the authority to do so and there was a legitimate reason for people to go to
the State Police for an investigation. The police requested documents which were
provided. The police filed a felony complaint and a warrant was issued for his arrest.
The grand jury decided not to indict him. Providing information on a good faith belief
that a crime has been committed is not a basis for false arrest or malicious
prosecution. In that regard I would refer the Court to the Memorandum of Law
submitted herewith.
24. My clients owed no duty to the plaintiff, There is no basis for a claim of negligence.
Case law basically says that absent fraud or other tortious conduct an attorney cannot
be sued for negligence. While the plaintiff has made claims of other tortious conduct
malicious prosecution, false arrest and intentional infliction of emotional distress
there is no basis for a claim of negligence because there was no duty owed by the
attorneys to the plaintiff. See Memorandum of Law submitted herewith.
25. Finally, the providing of infonnation to the police in these circumstances does not
amount to intentional infliction of emotional distress. See Memorandum of Law
submitted herewith.
WHEREFORE, your deponent respectfully requests that the Court grant the motion for
summary judgment dismissing the complaint against Fox Horan & Camerini, LLP and
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Chizuko Ueno together with such other and further relief as to the Court seems just,
proper and equitable.
Scott W. Bush
Corrigan, McCoy & Bush, PLLC
Attorneys for Defendants FHC & Chizuko Ueno
220 Columbia Turnpike
Rensselaer, New York 12144
(518) 477-4575
Sworn to before me this
ZX day of September, 2020.
No ry Public-State of New Yo1
JOSEPH M. MCCOY
NOTARY PUBLIC‡STATE OF NEW YORK
No.02MC4733005
QualifiedinRensselaer County
My CornmissionExpires08-3t-2022
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Preview
FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF DELAWARE TOSHIYUKI SHIOYA, Plaintiff, ATTORNEY AFFIDAVIT -against- Index No. 2016-305 HANAH COUNTRY INN MANAGEMENT CORPORATION, DEBRA J. STORMS, YU NAGASAKA, FOX HORAN & CAMERINI, LLP and CHIZUKO UENO, Defendants. STATE OF NEW YORK ) COUNTY OF RENSSELAER) ss.: SCOTT W. BUSH, being duly sworn deposes and says that: 1. I am an attorney duly licensed to practice law in the State of New York and a member of the firm of Corrigan, McCoy & Bush, PLLC attorneys for the defendants, Fox Horan & Camerini, LLP (hereinafter FHC) and Chizuko Ueno, in this matter. As such I am fully familiar with all the facts, circumstances, papers and pleadings heretofore had herein. 2. I submit this affidavit in support of a motion seeking summary judgment dismissing the complaint against both of my clients. 3. Plaintiff was employed by Hanah Country Inn Management Corporation (hereinafter Hanah). Plaintiff's employment was terminated. After his termination Hanah conducted an investigation and found that the plaintiff used company credit cards and company assets to pay for personal purchases, trips and entertainment. The information and documentation was provided to the State Police. The State Police 1 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 took statements, examined the records and filed a felony complaint against the plaintiff. A warrant was issued for his arrest. When he returned to New York State from Japan he was arrested. The District Attorney's Offices became involved. The case was presented to a grand jury and the grand jury did not indict him. This action was commenced for claims of false arrest, malicious prosecution, negligence and intentional infliction of emotional distress. 4. My clients were counsel for Hanah Country Inn Management Corporation, Ms. Ueno became involved after plaintiff had been terminated to look at documents and assist in providing information to the State Police and District Attorney's Office and also to act as interpreter since some of the individuals from Hanah did not speak English. I would refer the Court to her affidavit which is submitted in support of this motion for summary judgment. 5. A Summons and Complaint in this matter was filed on April 1, 2016. The Summons and Complaint is attached as Exhibit A. Before serving an Answer the defendants FHC and Ueno made a motion to dismiss. The Court denied that application finding that the pleading on itsface was sufficient for stating a cause of action. A copy of the Court's Decision is attached as Exhibit B. Subsequent to that decision my firm was retained to represent FHC and Ueno. An Answer was Exhibit C. The co- served, defendant, Hanah, served an Answer, Exhibit D. Hanah was allowed to serve an Amended Verified Answer with counterclaims, Exhibit E. Plaintiff served a Reply, Exhibit F. 6. My offices served a Demand for Interrogatories on plaintiff, Exhibit G. Plaintiff responded to the Interrogatories, Exhibit H. 2 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 7. Your deponent expressed a number of objections to plaintiff with respect to their response. Plaintiff then supplemented his answers to interrogatories, Exhibit I. In item 28 of the interrogatories (Exhibit G) plaintiff was asked about medical treatment in response plaintiff identified Dr. Ryuichi. In response to discovery requests plaintiff said he was treated by Dr. Nakagani Ryuichi on May 17, 2014 which was a date before he was terminated from Hanah, Exhibit J item 2. 8. In essence the complaint alleges that the plaintiff was employed by Hanah and that the criminal complaint was filed against him in retaliation for plaintiff having complained about unsafe conditions at Hanah and that defendants wrongfully, maliciously, negligently accused plaintiff of stealing approximately $24,000 from Hanah. 9. The complaint alleges that in 2011 an inspection was done of the sprinkler and fire system at Hanah and that there were problems with it.It isthen claimed that plaintiff notified both his employer and the attorney defendants. The complaint alleges that three years later on or about June 25, 2014 he brought the violations to the attention of the firedepartment and that after that he was terminated. Plaintiff claims he filed a complaint with OSHA (which ultimately was withdrawn). In paragraph 30 the complaint alleges that defendants filed a criminal complaint (the State Police filed a felony coniplaint not defendants). The complaint does acknowledge that a felony complaint was issued and a warrant for plaintiff's arrest. Plaintiff was arrested on or about October 6, 2015, taken to jail and that on December 17, 2015 the grand jury refused to indict him. 3 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 10. The complaint contains four counts; one for false arrest, one for malicious prosecution, one for negligence and one for the intentional infliction of emotional distress. It isrespectfully submitted that these causes of action are without merit. 1 1.It is interesting to note that plaintiff claims in his answers to interrogatories that he was terminated on or around June 20, 2014, Exhibit H item 5, but his complaint says itsJune 25*. In his testimony he says he was terminated June 30, 2014 (see below). He doesn't even know when he was terminated. 12. A copy of the police investigation report together with the statements taken are attached as Exhibit K. A copy of the felony complaint issued by the New York State Police is attached as Exhibit L. The warrant for plaintiff's arrest which was issued by a judge after reviewing the matter is attached as Exhibit M. 13. The testimony of a number of individuals was taken. The plaintiff was deposed over a two day period. Excerpts of his testimony are attached as Exhibit N. Debra Storms, an employee of Hanah, was taken. Excerpts of her testimony are attached as Exhibit O. Yu Nagasaka's testimony was taken and excerpts of his testimony are attached as Exhibit P. He was, and is,an employee of Hanah. 14. Plaintiff testified, Exhibit N, that he lives in Japan, page 9. He moved to the US in 2009 when he started working for Hanah, page 19. At page 43 and 44 describes how he met Yu Nagasaka who was assigned to work at Hanah. 15. In the second day of his testimony he then says he was fired on June 30, 2014, page 178. He said he contacted the fire department officials the day before he was fired, page 186. We made reference to a letter from an attorney of his in Japan and he says 4 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 the letterwas not apologizing, page 187 to 189, he said he learned of his firing in writing page 189. 16. On November 8, 2015 he was arrested. He was coming from Japan and arriving at JFK airport, page 208-209. He was detained there for three hours and never told why, page 209-210. No one ever told him he was detained at the page 212- why airport, 213. He was arrested at 4 or 5 in the evening at the hotel, page 212. He was handcuffed page 213. Then he says he was arrested at 4 or 5 in the morning, page 214-215. He does not know ifhe was told why he was arrested did not know ifhe was placed in a police car page 214. He was in his pajamas page 215. He was taken to the police station page 215-216. He never sought any medical, psychiatric, psychological treatment page 232-233. 17. He testified that from June 30, 2015 when he says he was terminated up until the time of his deposition he had never had any communications with my clients about clients' anything page 234. At page 236 we started addressing the issue of my role in his arrest. He said initially he could not disclose to me how he knew of itand there was a discussion about whether his attorney told him or not. Then he said at page 239 her name was on the police report, he said he didn't remember if he viewed the police report prior to the grand jury testimony, page 239. Then he said he never saw a police report page 239. Then he said at page 240 he saw her name in the police complaint. He says itwas the complaint that Hanah requested to the police for his arrest page 241. 18. At page 243 he then said he heard itwhen a police officer who was interviewing him and he said he heard that Chizuko and other Hanah staff were being interviewed at 5 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 the police station page 243. At page 244 he says he doesn't recall about Chimlm being interviewed or when itwas. He says itwas after he was in jail.He then says she was at the grand jury page 244. Then he says he found about her involvement at the time of the grand jury page 244. Then he says he leamed that she was being interviewed at the grand jury page 245. At page 246 he testified he did not recall if any police told him of my clients involvement. At page 247 he testified that he does not know of any other attorney at FHC involved in his arrest or the pursuit of criminal charges right up to the grand jury. He then tellsme he never heard anything from his attorney about her involvement page 249. I asked again about my clients involvement, he says that he learned that my client was interviewed at the grand jury page 251. Then at page 252 and 253 he states that the only things he knows about my client's involvement were three things, he saw her name on the document, (the complaint from Hanah), sometime somewhere he learned of her being interviewed and he saw her at the grand jury. 19. His testimony on my clients alleged involvement was all over the place but all he claims was her name was on a document, he claims he heard she was being interviewed and he saw her at the grand jury. 20. Debra Storms an employee of Hanah testified, Exhibit O, that she learned of the safety issues after the plaintiff was gone page 43-44. She testified that an assistant, Diana Johnson, discovered the issues with respect to the monies page 49-50. She described how the information was obtained regarding disbursements page 54, 55. She says that Japan directed them to go to the police page 65. She went with Chizuko 6 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 Ueno page 66. The three of them went to the police page 67. That would be her, Yu Nagasaka and Mike Ciaravino, Ms. Ueno was there too. 21. She did testify that Chizuko Ueno was with her at the station on November 17, 2014. She testified at that time she was not aware that plaintiff had made a complaint about the resort. She did describe that she was interviewed by the police page 74. She doesn't know ifMs. Ueno was questioned page 75. She testified she wasn't aware of the OSHA complaint when they went to the police page 76. She also testified that Japan told her to let the police know when plaintiff was back in the States page 84. That direction went through Masaka Kayam1ma or Yusan Nagasaka page 85. She testified that she was aware of the fire suppression system life safety issues in July of 2014 page 87. 22. Yu Nagasaka was also deposed, Exhibit P. He was employed at Hanah Mountain Resort starting in 2008, page 8. He said the plaintiff used Hanah's credit card without consent, page 60. He went to the police and reported it,page 67. He said the credit card was not used with his permission, page 65. He testified that Chizuko Ueno went with him because he didn't speak English, page 67. He also testified that Storms and Ciaravino went page 69. He said he went to the police twice, page 69 and 70. The first time was with Chizuko Ueno, Mike Ciaravino and Debra Storms. He says in the second visit Chizuko Ueno and Mr. Ito from headquarters went page 70. He doesn't believe he spoke to the police page 70. He learned of the arrest from an email from Ms. Ueno page 72. He says he testified before the grand jury, page 72. 23. It isrespectfully submitted that based on the testimony indicated above and based on the exhibits particularly the State Police Investigation, the statements, the felony 7 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 complaint and arrest warrant and based on the affidavit of Chizuko Ueno there is no basis for any claim of false arrest, malicious prosecution, negligence or intentional infliction of emotional distress. The record supports a legitimate belief that the plaintiff used Hanah credit cards inappropriately for his own personal benefit. He did not have the authority to do so and there was a legitimate reason for people to go to the State Police for an investigation. The police requested documents which were provided. The police filed a felony complaint and a warrant was issued for his arrest. The grand jury decided not to indict him. Providing information on a good faith belief that a crime has been committed is not a basis for false arrest or malicious prosecution. In that regard I would refer the Court to the Memorandum of Law submitted herewith. 24. My clients owed no duty to the plaintiff, There is no basis for a claim of negligence. Case law basically says that absent fraud or other tortious conduct an attorney cannot be sued for negligence. While the plaintiff has made claims of other tortious conduct malicious prosecution, false arrest and intentional infliction of emotional distress there is no basis for a claim of negligence because there was no duty owed by the attorneys to the plaintiff. See Memorandum of Law submitted herewith. 25. Finally, the providing of infonnation to the police in these circumstances does not amount to intentional infliction of emotional distress. See Memorandum of Law submitted herewith. WHEREFORE, your deponent respectfully requests that the Court grant the motion for summary judgment dismissing the complaint against Fox Horan & Camerini, LLP and 8 of 9 FILED: DELAWARE COUNTY CLERK 09/30/2020 11:35 AM INDEX NO. EF2016-305 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 09/30/2020 Chizuko Ueno together with such other and further relief as to the Court seems just, proper and equitable. Scott W. Bush Corrigan, McCoy & Bush, PLLC Attorneys for Defendants FHC & Chizuko Ueno 220 Columbia Turnpike Rensselaer, New York 12144 (518) 477-4575 Sworn to before me this ZX day of September, 2020. No ry Public-State of New Yo1 JOSEPH M. MCCOY NOTARY PUBLIC‡STATE OF NEW YORK No.02MC4733005 QualifiedinRensselaer County My CornmissionExpires08-3t-2022 9 of 9