Preview
FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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BILTWEL GENERAL CONTRACTOR CORP.
Index No.: 703668/2018
Plaintiff,
-against-
NOTICE OF
D&K CONSTRUCTION CO., INC., NEW YORK CITY CROSS-MOTION
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ARCH INSURANCE COMPANY,
Defendants.
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PLEASE TAKE NOTICE that upon the affidavit of Norman Jalayer, sworn to on the
24TH day of June, 2020, and the exhibits thereto, the memorandum of law submitted in
opposition to the main motion and all prior proceedings here prior, plaintiff Biltwel General
Contractor Corp. (“Biltwel”), by its or their attorneys King & King, LLP, will make a cross-
motion at the Motion Support Part, or at the location of the Main Motion, the Courthouse at 88-
11 Sutphin Blvd., Jamaica, New York, on the hearing of the main motion presently returnable on
July 20, 2020, or such other time as set by the Court, or as soon thereafter that counsel can be
heard for an Order pursuant to CPLR §3212(e) for partial summary judgment granting plaintiff
judgment for a portion of its claims, specifically granting plaintiff partial summary judgment in
the amount of $52,657.08, including sums for (1) the contract balance claim of $47,450.00, with
interest since May 8, 2017, (2) the claim for flagging in the amount of $5,207.08, with interest
since at least May 8, 2017, and (3) determining that the defendant’s D&K’s $25,000.00
backcharge or claw-back claim should be dismissed as a matter of law, and that partial summary
judgment should be entered by the Clerk in the total sum of $52,657.08, plus interest since May
8, 2017, the date of the filed Biltwel mechanic’s lien. And, that the remaining issues should be
resolved at trial, if there are any unresolved issues or questions of fact, and such other and further
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FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020
relief as to this Court may seem just and proper under the circumstances.
Dated: June 24, 2020 KING & KING LLP
Pelham, New York Attorneys for Biltwel
By: Peter M. Kutil
Peter M. Kutil, Esq.
629 Fifth Avenue, Suite 301
Pelham, NY 10803
(914) 380-5970
TO: Via E-Filing:
David P. Lipari, Esq.
HEDINGER & LAWLESS
Attorneys for defendant/movant D&K
30 Wall Street, 8th Floor
New York, New York 10005-2205
(212) 759-8203
Eric Perfetti , Esq.
Leslie Spitalnick, Esq.
Senior Counsel
New York City Law Department
Commercial and Real Estate Litigation
Attorneys for City
100 Church Street, Room 3-102
New York, NY 10007
(212) 356-2521
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FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020
Index No. 703668/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
BILTWEL GENERAL CONTRACTOR CORP.
Plaintiff,
-against-
D&K CONSTRUCTION CO., INC., NEW YORK CITY
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ARCH INSURANCE COMPANY,
Defendants.
Pursuant to 22 NYCRR 130.11, the undersigned, an attorney duly admitted to practice
law in the Courts of New York state, certifies that, upon information and belief and reasonable
inquiry, the contentions contained in the annexed documents are not frivolous.
Dated: June 24, 2020 Peter M. Kutil
Peter M. Kutil, Esq.
NOTICE OF CROSS-MOTION
LAW OFFICES
KING & KING LLP
THE SANBORN MAP BUILDING
629 Fifth Avenue – Suite 301
Pelham, N.Y. 10803
914-380-5970
e-mail: pkutil@king-king-law.com
-1-
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Preview
FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X BILTWEL GENERAL CONTRACTOR CORP. Index No.: 703668/2018 Plaintiff, -against- NOTICE OF D&K CONSTRUCTION CO., INC., NEW YORK CITY CROSS-MOTION DEPARTMENT OF ENVIRONMENTAL PROTECTION, ARCH INSURANCE COMPANY, Defendants. ------------------------------------------------------------------------X PLEASE TAKE NOTICE that upon the affidavit of Norman Jalayer, sworn to on the 24TH day of June, 2020, and the exhibits thereto, the memorandum of law submitted in opposition to the main motion and all prior proceedings here prior, plaintiff Biltwel General Contractor Corp. (“Biltwel”), by its or their attorneys King & King, LLP, will make a cross- motion at the Motion Support Part, or at the location of the Main Motion, the Courthouse at 88- 11 Sutphin Blvd., Jamaica, New York, on the hearing of the main motion presently returnable on July 20, 2020, or such other time as set by the Court, or as soon thereafter that counsel can be heard for an Order pursuant to CPLR §3212(e) for partial summary judgment granting plaintiff judgment for a portion of its claims, specifically granting plaintiff partial summary judgment in the amount of $52,657.08, including sums for (1) the contract balance claim of $47,450.00, with interest since May 8, 2017, (2) the claim for flagging in the amount of $5,207.08, with interest since at least May 8, 2017, and (3) determining that the defendant’s D&K’s $25,000.00 backcharge or claw-back claim should be dismissed as a matter of law, and that partial summary judgment should be entered by the Clerk in the total sum of $52,657.08, plus interest since May 8, 2017, the date of the filed Biltwel mechanic’s lien. And, that the remaining issues should be resolved at trial, if there are any unresolved issues or questions of fact, and such other and further 1 of 3 FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020 relief as to this Court may seem just and proper under the circumstances. Dated: June 24, 2020 KING & KING LLP Pelham, New York Attorneys for Biltwel By: Peter M. Kutil Peter M. Kutil, Esq. 629 Fifth Avenue, Suite 301 Pelham, NY 10803 (914) 380-5970 TO: Via E-Filing: David P. Lipari, Esq. HEDINGER & LAWLESS Attorneys for defendant/movant D&K 30 Wall Street, 8th Floor New York, New York 10005-2205 (212) 759-8203 Eric Perfetti , Esq. Leslie Spitalnick, Esq. Senior Counsel New York City Law Department Commercial and Real Estate Litigation Attorneys for City 100 Church Street, Room 3-102 New York, NY 10007 (212) 356-2521 -2- 2 of 3 FILED: QUEENS COUNTY CLERK 06/29/2020 04:57 PM INDEX NO. 703668/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 06/29/2020 Index No. 703668/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS BILTWEL GENERAL CONTRACTOR CORP. Plaintiff, -against- D&K CONSTRUCTION CO., INC., NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ARCH INSURANCE COMPANY, Defendants. Pursuant to 22 NYCRR 130.11, the undersigned, an attorney duly admitted to practice law in the Courts of New York state, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: June 24, 2020 Peter M. Kutil Peter M. Kutil, Esq. NOTICE OF CROSS-MOTION LAW OFFICES KING & KING LLP THE SANBORN MAP BUILDING 629 Fifth Avenue – Suite 301 Pelham, N.Y. 10803 914-380-5970 e-mail: pkutil@king-king-law.com -1- 3 of 3