Motion,Ex Parte: Toshiyuki Shioya v. Hanah Country Inn Management Corporation, Debra J Storms, Yu Nagasaka, Fox Horan & Camerini Llp, Chizuko S Ueno

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                                FILED: DELAWARE COUNTY CLERK 09/30/2020 04:41 PM                                            INDEX NO. EF2016-305
NYSCEF DOC. NO. 179                                                                 RECEIVED NYSCEF: 09/30/2020




         SUPREME COURT OF THE STATE OF NEW YORK
         COUNTY OF DELAWARE
          TOSHIYUKI SHIOYA,                  INDEX NO. EF2016-305

                               Plaintiff,                       NOTICE OF MOTION TO
                         v.                                     STRIKE COMPLAINT AS TO
                                                                DEFENDANTS-
          HANAH COUNTRY INN MANAGEMENT                          COUNTERCLAIM PLAINTIFFS
          CORPORATION, DEBRA STORMS, YU                         HANAH COUNTRY INN
          NAGASAKA, FOX, HORAN & CAMERINI,                      MANAGEMENT
          LLP and CHIZUKO S. UENO,                              CORPORATION AND YU
                                                                NAGASAKA AND DEBRA
                                Defendants.                     STORMS AND TO STRIKE
                                                                PLAINTIFF’S ANSWER TO
                                                                DEFENDANTS-
                                                                COUNTERCLAIM PLAINTIFFS’
                                                                COUNTERCLAIMS PURSUANT
                                                                TO CPLR 3126
          HANAH COUNTRY INN MANAGEMENT
          CORPORATION and YU NAGASAKA,

                               Counterclaim Plaintiffs,
                         v.

          TOSHIYUKI SHIOYA,

                                Counterclaim Defendant.


                PLEASE TAKE NOTICE, that upon the Affirmation of Florence Rostami dated

         September 29, 2020 with exhibits, upon the affidavit of Andrew Reisman dated July 16, 2019 with

         exhibits, upon affidavit of Howard Hoffman dated September 29, 2020 with exhibits, and upon

         the Memorandum of Law in Support of Motion to Strike Plaintiff’s Pleadings and Grant Dismissal

         of the Complaint and Judgment on the Counterclaims Pursuant to CPLR 3126 dated September

         29, 2020, and upon all of the pleadings and proceedings heretofore had herein, Defendants-

         Counterclaim Plaintiffs Hanah Country Inn Management Corporation and Yu Nagasaka, referred

         to collectively as “Defendants-Counterclaim Plaintiffs”, by their attorneys Florence Rostami Law

         LLC and Smith Dominelli & Guetti, LLC, and Defendant Debra Storms by her attorney Smith


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FILED: DELAWARE COUNTY CLERK 09/30/2020 04:41 PM                                            INDEX NO. EF2016-305
NYSCEF DOC. NO. 179                                                                RECEIVED NYSCEF: 09/30/2020




         Dominelli & Guetti, LLC shall move this Court located at 3 Court Street, Delhi, New York 13753,

         before Acting Justice John F. Lambert, on November 20, 2020, at 9:30 a.m. or as soon thereafter

         as counsel can be heard, for an Order pursuant to CPLR 3126 striking Plaintiff’s pleadings and

          dismissing the Complaint as to Defendants-Counterclaim Plaintiffs and Defendant Debra Storms

          and granting judgment to Defendants-Counterclaim Plaintiffs on their Counterclaims.

                 PLEASE TAKE FURTHER NOTICE, that cross motions are due on or before

         November 13, 2020.


         Dated: New York, New York
                September 30, 2020


               FLORENCE ROSTAMI LAW, LLC                        SMITH DOMINELLI & GUETTI, LLC

               By _/s/Florence Rostami______________            By _/s/Jay Smith_______________________
               Attorneys for Defendants-Counterclaim            Attorneys for Defendants Hanah Country Inn
               Plaintiffs Hanah Country Inn Management          Management Corporation and Yu Nagasaka
               Corporation and Yu Nagasaka                      And Debra Storms
               10 Grand Central                                 449 New Karner Road
               155 East 44th Street, 5th Floor                  Albany, New York 12205
               New York, New York 10017                         (518) 250-4888
               (212) 209-3962




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FILED: DELAWARE COUNTY CLERK 09/30/2020 04:41 PM                                               INDEX NO. EF2016-305
NYSCEF DOC. NO. 179                                                                   RECEIVED NYSCEF: 09/30/2020




                                          PART 130-1 CERTIFICATION

                  I, Florence Rostami, an attorney admitted to practice before the courts of New York State,
         certify that, pursuant to 22 NYCRR §130-1.1(a) and (b), to the best of my knowledge, information
         and belief, formed after an inquiry reasonable under the circumstances, the presentation of the
         papers herein or the contentions therein are not frivolous as defined in 22 NYCRR §130-1.1(c).


         Dated: New York, New York
                September 30, 2020
                                                               _/s/Florence Rostami____________
                                                                      Florence Rostami




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