Preview
FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--____--------__-------------------_______________----------------------- Index No.: 154684/2017
ELLEN GILMAN, NYSCEF
Plaintiff,
-against-
AFFIRMATION IN
THE CITY OF NEW YORK, THE UNITED OPPOSITION TO WEST
PRESBYTERIAN CHURCH, IN THE UNITED STATES PARK PRESBYTERIAN
OF AMERICA, A CORPORATION and WEST PARK CHURCH'S MOTION TO
PRESBYTERIAN CHURCH, AMEND ANSWER
Defendants.
________________-----------------__--____________________________----__--
ELISE HAGOUEL LANGSAM, an attorney duly admitted to practice law before the
Courts of the State of New York, hereby affirms the following under the penalty of perjury:
1. I am a partner at LANGSAM LAW LLP, attorneys for the plaintiff ELLEN
GILMAN, and as such am familiar with the facts and circumstances as stated herein based upon
the filesmaintained in my office.
2. This affirmation is submitted in opposition to WEST PARK PRESBYTERIAN
CHURCH's ("West Park")'s motion to amend their answer to deny ownership of 165 West 86th
Street, New York, New York.
3. I join in the arguments presented by defendant THE UNITED PRESBYTERIAN
CHURCH, IN THE UNITED STATES OF AMERICA, A CORPORATION, and incorporate
same in this Affirmation.
4. As said defendant has stated, although leave to amend is generally freely
granted, the movant must make some evidentiary showing that the proposed amendment has
merit, and a proposed pleading that fails to state a cause of action will not be permitted. Hynes
v. Start Elevator, Inc., 2 A.D.2d 178 (1st Dept. 2003).
j. of 4
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FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018
5. Defendant West Park's motion to amend its Answer to now deny ownership is
devoid of merit, consisting merely of an attorney affirmation to present such facts. Nor does
West Park offer any excuse as to why the material admission of ownership was made.
6. All the material issues of fact such as ownership, maintenance and control of the
property are facts completely controlled by West Park. Thus, the fact that they admitted
ownership in their answer, and yet here have not provided an affidavit with a person of
knowledge from West Park to either acknowledge a mistake by counsel, that there is no
ownership interest by West Park; or that any other party named within the lawsuit has an
ownership interest, requires denial of said motion
WHEREFORE, it is respectfully submitted that West Park's motion be denied in its
entirety, together with such other and further relief as is deemed just and proper.
DATED: January 15,2018
New York, New York
ELISE HAG LAN SAM
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FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX NO. 154684/2017E
ELLEN GILMAN,
Plaintiff,
AFFIDAVIT OF MAIL
-against- SERVICE
THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN
CHURCH, IN THE UNITED STATES OF AMERICA, A
CORPORATION and WEST PARK PRESBYTERIAN CHURCH,
Defendants.
STATE OF NEW YORK
COUNTY OF NEW YORK
Eliseo Lugo, being duly sworn, says:
I am not a party to the action; I reside at Queens, New York, and I am over 18 years of
age.
On January 15, 2018, I served the within Affirmation in Opposition by depositing a true
copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care
and custody of the United States Postal Service within New York State, addressed to the
following at the last known address set forth below:
CORPORATION COUNSEL GANNON, ROSENFARB, BALLETTI & DROSSMA
Attorneys for THE CITY OF NEW YORK Attorneys for Defendant
Law Department 100 William Street, 7th Floor
100 Church Street New York, New York 10038
New York, New York 10007
LAW OFFICE OF JAMES J. TOOMEY
Attorneys for Defendant
PO Box 2903
Hartford, Connecticut 06104
i
0 LOGO
Sworn to before me
on January 15, 2018
ELISE HAGOUEL LANGSA1 I
Notary Public, Stateof New York
No. 4758387
Qualified in Ne v o k County
Term Expires June 30, ~ F
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FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 154684/2017E
- -- _ _ -- - _ - -__________________________________________ - -- _ - _ -- _ - _ _
ELLEN GILMAN,
Plaintiff,
-against-
THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED
STATES OF AMERICA, A CORPORATION and WEST PARK PRESBYTERIAN CHURCH,
Defendants.
- -- - - -- - - - -______________________________________________________
____________________________________________________
AFFIRMATION IN OPPOSITION
LANGSAM LAW LLP
Attorneys for Plaintiff
217 Broadway, Suite 606
New York, New York 10007
(212) 742-2700
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Preview
FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --____--------__-------------------_______________----------------------- Index No.: 154684/2017 ELLEN GILMAN, NYSCEF Plaintiff, -against- AFFIRMATION IN THE CITY OF NEW YORK, THE UNITED OPPOSITION TO WEST PRESBYTERIAN CHURCH, IN THE UNITED STATES PARK PRESBYTERIAN OF AMERICA, A CORPORATION and WEST PARK CHURCH'S MOTION TO PRESBYTERIAN CHURCH, AMEND ANSWER Defendants. ________________-----------------__--____________________________----__-- ELISE HAGOUEL LANGSAM, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following under the penalty of perjury: 1. I am a partner at LANGSAM LAW LLP, attorneys for the plaintiff ELLEN GILMAN, and as such am familiar with the facts and circumstances as stated herein based upon the filesmaintained in my office. 2. This affirmation is submitted in opposition to WEST PARK PRESBYTERIAN CHURCH's ("West Park")'s motion to amend their answer to deny ownership of 165 West 86th Street, New York, New York. 3. I join in the arguments presented by defendant THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICA, A CORPORATION, and incorporate same in this Affirmation. 4. As said defendant has stated, although leave to amend is generally freely granted, the movant must make some evidentiary showing that the proposed amendment has merit, and a proposed pleading that fails to state a cause of action will not be permitted. Hynes v. Start Elevator, Inc., 2 A.D.2d 178 (1st Dept. 2003). j. of 4 1 of 4 FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018 5. Defendant West Park's motion to amend its Answer to now deny ownership is devoid of merit, consisting merely of an attorney affirmation to present such facts. Nor does West Park offer any excuse as to why the material admission of ownership was made. 6. All the material issues of fact such as ownership, maintenance and control of the property are facts completely controlled by West Park. Thus, the fact that they admitted ownership in their answer, and yet here have not provided an affidavit with a person of knowledge from West Park to either acknowledge a mistake by counsel, that there is no ownership interest by West Park; or that any other party named within the lawsuit has an ownership interest, requires denial of said motion WHEREFORE, it is respectfully submitted that West Park's motion be denied in its entirety, together with such other and further relief as is deemed just and proper. DATED: January 15,2018 New York, New York ELISE HAG LAN SAM 2 of 4 2 of 4 FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. 154684/2017E ELLEN GILMAN, Plaintiff, AFFIDAVIT OF MAIL -against- SERVICE THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICA, A CORPORATION and WEST PARK PRESBYTERIAN CHURCH, Defendants. STATE OF NEW YORK COUNTY OF NEW YORK Eliseo Lugo, being duly sworn, says: I am not a party to the action; I reside at Queens, New York, and I am over 18 years of age. On January 15, 2018, I served the within Affirmation in Opposition by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: CORPORATION COUNSEL GANNON, ROSENFARB, BALLETTI & DROSSMA Attorneys for THE CITY OF NEW YORK Attorneys for Defendant Law Department 100 William Street, 7th Floor 100 Church Street New York, New York 10038 New York, New York 10007 LAW OFFICE OF JAMES J. TOOMEY Attorneys for Defendant PO Box 2903 Hartford, Connecticut 06104 i 0 LOGO Sworn to before me on January 15, 2018 ELISE HAGOUEL LANGSA1 I Notary Public, Stateof New York No. 4758387 Qualified in Ne v o k County Term Expires June 30, ~ F 3 of 4 FILED: NEW YORK COUNTY CLERK 01/15/2018 02:56 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 154684/2017E - -- _ _ -- - _ - -__________________________________________ - -- _ - _ -- _ - _ _ ELLEN GILMAN, Plaintiff, -against- THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICA, A CORPORATION and WEST PARK PRESBYTERIAN CHURCH, Defendants. - -- - - -- - - - -______________________________________________________ ____________________________________________________ AFFIRMATION IN OPPOSITION LANGSAM LAW LLP Attorneys for Plaintiff 217 Broadway, Suite 606 New York, New York 10007 (212) 742-2700 4 of 4