On January 03, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Dominic Friscia,
and
Village Of Geneseo,
for Torts - Other Negligence (Diversion of water)
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 12/18/2019 08:49 AM INDEX NO. 001039-2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/18/2019
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
ÏÏ Geneseo, New York 14454
18 ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
JOHN TODD REFERMAT JOHN TODD REFERMAT
600 BAUSCH & LOMB PLACE 600 BAUSCH & LOMB PLACE
PO BOX 22878 PO BOX 22878
ROCHESTER, NY 14692-2878 ROCHESTER, NY 14692-2878
Document Type: CIVIL ACTION - MISC Document Desc: LETTER /
CORRESPONDENCETOJUDGE
Plaintiff Defendant
Friscia DGminic Village of Geneseo
Recorded Information:
State of New York
Index #: 001039-2018
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutesthe Clerk's endeme!"ent required by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not Detach
Index
INDEX # : 001039-2018
NO. 001039-2018
FILED: LIVINGSTON COUNTY CLERK 12/18/2019 08:49 AM
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/18/2019
JOHN T. REFERMAT
Partner
LACY KATZEN LLp
• Direct
Line 585.324.5762
I Attorneysat Law • Direct
Fax 585.269.3009
• Emailfrefermat@lacykatzen.com
December 19, 2019
Via Electronic Filing
Hon. Dennis S. Cohen
Justice of the Supreme Court
Livingston County Supreme Court
2 Court Street
Geneseo, New York 14454
Re: Friscia v. Village of Geneseo
Index No. 001039-2018
Dear Justice Cohen:
Respectfully, I write in opposition to defendant's proposed Judgment, requesting costs
and disbursements. Of course, I understand that these amounts are generally awardable to
prevailing parties unless the Decision precludes them; your Decision neither explicitly granted or
denied such an award.
Because defendant's proposed Judgment was e-filed some three weeks after your
Decision, I assume it isin response to the appeal that we took last week. Even if we prevail on
appeal, we are unlikely to recover costs because the Appellate Division awards them only very
rarely.
C.
Two other points should be noted. First, this is almost surely an effort by defendant's
insurance carrier to recover its costs, and/or perhaps for the insured to defray a deductible.
Second, I cannot help but observe that defendant's application is, to put it mildly, quite an odd
to treat Mr. Friscia - a and owner
way longstanding resident, taxpayer, businessperson, property
in the Village - who commenced this action after all of his other efforts to secure a
only
resolution had proven unavailing.
I respectfully ask that you not sign a punitive and wholly unnecessary Judgment. Thank
you for your consideration.
Respec 1 ubmit d,
Jo . Refermat
JTR/clw
pc: Michael P. McClaren, Esq.
Donald C. Roberts, Jr.,Esq.
MailingAddress P.O. Box 22878, Rochester, NY 14692-2878 • Office Address 600 Bausch & Lomb Place, Rochester, NY 14604
Office 585.454.5650 • Fax 585.269.3077 • lacykatzen.com
Document Filed Date
December 18, 2019
Case Filing Date
January 03, 2018
Category
Torts - Other Negligence (Diversion of water)
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FILED: LIVINGSTON COUNTY CLERK 12/18/2019 08:49 AM INDEX NO. 001039-2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/18/2019 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 ÏÏ Geneseo, New York 14454 18 ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: JOHN TODD REFERMAT JOHN TODD REFERMAT 600 BAUSCH & LOMB PLACE 600 BAUSCH & LOMB PLACE PO BOX 22878 PO BOX 22878 ROCHESTER, NY 14692-2878 ROCHESTER, NY 14692-2878 Document Type: CIVIL ACTION - MISC Document Desc: LETTER / CORRESPONDENCETOJUDGE Plaintiff Defendant Friscia DGminic Village of Geneseo Recorded Information: State of New York Index #: 001039-2018 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutesthe Clerk's endeme!"ent required by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not Detach Index INDEX # : 001039-2018 NO. 001039-2018 FILED: LIVINGSTON COUNTY CLERK 12/18/2019 08:49 AM NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/18/2019 JOHN T. REFERMAT Partner LACY KATZEN LLp • Direct Line 585.324.5762 I Attorneysat Law • Direct Fax 585.269.3009 • Emailfrefermat@lacykatzen.com December 19, 2019 Via Electronic Filing Hon. Dennis S. Cohen Justice of the Supreme Court Livingston County Supreme Court 2 Court Street Geneseo, New York 14454 Re: Friscia v. Village of Geneseo Index No. 001039-2018 Dear Justice Cohen: Respectfully, I write in opposition to defendant's proposed Judgment, requesting costs and disbursements. Of course, I understand that these amounts are generally awardable to prevailing parties unless the Decision precludes them; your Decision neither explicitly granted or denied such an award. Because defendant's proposed Judgment was e-filed some three weeks after your Decision, I assume it isin response to the appeal that we took last week. Even if we prevail on appeal, we are unlikely to recover costs because the Appellate Division awards them only very rarely. C. Two other points should be noted. First, this is almost surely an effort by defendant's insurance carrier to recover its costs, and/or perhaps for the insured to defray a deductible. Second, I cannot help but observe that defendant's application is, to put it mildly, quite an odd to treat Mr. Friscia - a and owner way longstanding resident, taxpayer, businessperson, property in the Village - who commenced this action after all of his other efforts to secure a only resolution had proven unavailing. I respectfully ask that you not sign a punitive and wholly unnecessary Judgment. Thank you for your consideration. Respec 1 ubmit d, Jo . Refermat JTR/clw pc: Michael P. McClaren, Esq. Donald C. Roberts, Jr.,Esq. MailingAddress P.O. Box 22878, Rochester, NY 14692-2878 • Office Address 600 Bausch & Lomb Place, Rochester, NY 14604 Office 585.454.5650 • Fax 585.269.3077 • lacykatzen.com