On May 23, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Unique Logistics International,
and
Pem-America, Inc.,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/13/2018 05:34 PM INDEX NO. 652583/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
UNIQUE LOGISTICS INTERNATIONAL (NYC), LLC,
Index No. 652583/2018
Plaintiff,
-against-
AFFIRMATION OF COUNSEL
PEM-AMERICA, INC.,
Defendant.
---------------------------------------------------------------------X
ERIC S. SCHAER, an attorney duly admitted to practice before the courts of the State
of New York, hereby affirms the following under penalty of perjury:
1. I am associated with the firm Kaplan Levenson P.C, attorneys for defendant
Pem-America, Inc. (“Defendant”). I submit this affidavit in support of Defendant’s request
for an adjournment of the return date, and corresponding extension of the briefing schedule
with respect to plaintiff’s pre-discovery motion for summary judgment (the “SJ Motion”).
2. Plaintiff filed the SJ Motion on November 7, 2018, and it was made
returnable on November 16, 2018- the shortest possible return date. Plaintiff’s Notice of
Motion does not include a C.P.L.R. 2214(b) notice, making Defendant’s opposition papers
due on November 14, 2018 (seven days after the filing of the motion).
3. On November 12, 2018, Defendant’s counsel e-mailed Plaintiff’s counsel
requesting a brief extension of the time to file opposition papers to the SJ Motion, due to
the very short notice period coupled with multiple conflicts in our firm’s schedule, as well
as the upcoming Thanksgiving holiday.
4. We are a small law firm, are engaged in trial in a matter in Brooklyn and
have several other motions and court appearances scheduled over the next couple of weeks.
A copy of the e-mail chain between Plaintiff’s counsel and Defendant’s counsel reflecting
{00141064.1 / 0619-108 }
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FILED: NEW YORK COUNTY CLERK 11/13/2018 05:34 PM INDEX NO. 652583/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/13/2018
Defcñdset's request for an adjournment, and Plaintiff's
surprising
refusal to consent to
same, is annexed hereto as Exhibit A.
5. On November 13, 2018, Plaintiff's counsel explained that Plaintiff would
not consent to adjournment - despite the matian on such short on the eve
any being notice,
of while we on and has taken place -- on
Thanksgivirsg, are trial before any discovery the
resolution"
basis that Plaintiff wanted a "quick of its motion.
6. This is not a good faith reason to refuse such a short adjournment under the
circumstances.
7. Defendant now requests a fourteen (14) day extcñsion, until November 28,
2018, to file its apposition papers to the SJ Motion, and that the return date of the motion
be adjourned until November 30, 2018. Based on Plaintiff's decision to notice the motion
on such short notice without a CPLR 2214(b) notice, Plaintiff does not have any right to
file reply papers, and thus the schedule need not accammodate same.
8. As will be discussed in Defendant's opposition papers, among other things,
(a)
Plaintiff's complaint is subject to ...:--al in whole or in part, (b) the purported
contract Plaintiff sues upon is unenforceable and the SJ Motion is prcññt..rc pursuant
(c)
to CPLR 3212(f) because literally no discovery has been conducted and certain facts
necessary to oppose the motion are unavailable to Defêñdant absent discovery.
Dated: November 13, 2018
New York, NY
Eric Schaer
{O0141064.1 0619-108 - 2 -
/ }
2 of 2
Document Filed Date
November 13, 2018
Case Filing Date
May 23, 2018
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 11/13/2018 05:34 PM INDEX NO. 652583/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X UNIQUE LOGISTICS INTERNATIONAL (NYC), LLC, Index No. 652583/2018 Plaintiff, -against- AFFIRMATION OF COUNSEL PEM-AMERICA, INC., Defendant. ---------------------------------------------------------------------X ERIC S. SCHAER, an attorney duly admitted to practice before the courts of the State of New York, hereby affirms the following under penalty of perjury: 1. I am associated with the firm Kaplan Levenson P.C, attorneys for defendant Pem-America, Inc. (“Defendant”). I submit this affidavit in support of Defendant’s request for an adjournment of the return date, and corresponding extension of the briefing schedule with respect to plaintiff’s pre-discovery motion for summary judgment (the “SJ Motion”). 2. Plaintiff filed the SJ Motion on November 7, 2018, and it was made returnable on November 16, 2018- the shortest possible return date. Plaintiff’s Notice of Motion does not include a C.P.L.R. 2214(b) notice, making Defendant’s opposition papers due on November 14, 2018 (seven days after the filing of the motion). 3. On November 12, 2018, Defendant’s counsel e-mailed Plaintiff’s counsel requesting a brief extension of the time to file opposition papers to the SJ Motion, due to the very short notice period coupled with multiple conflicts in our firm’s schedule, as well as the upcoming Thanksgiving holiday. 4. We are a small law firm, are engaged in trial in a matter in Brooklyn and have several other motions and court appearances scheduled over the next couple of weeks. A copy of the e-mail chain between Plaintiff’s counsel and Defendant’s counsel reflecting {00141064.1 / 0619-108 } 1 of 2 FILED: NEW YORK COUNTY CLERK 11/13/2018 05:34 PM INDEX NO. 652583/2018 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/13/2018 Defcñdset's request for an adjournment, and Plaintiff's surprising refusal to consent to same, is annexed hereto as Exhibit A. 5. On November 13, 2018, Plaintiff's counsel explained that Plaintiff would not consent to adjournment - despite the matian on such short on the eve any being notice, of while we on and has taken place -- on Thanksgivirsg, are trial before any discovery the resolution" basis that Plaintiff wanted a "quick of its motion. 6. This is not a good faith reason to refuse such a short adjournment under the circumstances. 7. Defendant now requests a fourteen (14) day extcñsion, until November 28, 2018, to file its apposition papers to the SJ Motion, and that the return date of the motion be adjourned until November 30, 2018. Based on Plaintiff's decision to notice the motion on such short notice without a CPLR 2214(b) notice, Plaintiff does not have any right to file reply papers, and thus the schedule need not accammodate same. 8. As will be discussed in Defendant's opposition papers, among other things, (a) Plaintiff's complaint is subject to ...:--al in whole or in part, (b) the purported contract Plaintiff sues upon is unenforceable and the SJ Motion is prcññt..rc pursuant (c) to CPLR 3212(f) because literally no discovery has been conducted and certain facts necessary to oppose the motion are unavailable to Defêñdant absent discovery. Dated: November 13, 2018 New York, NY Eric Schaer {O0141064.1 0619-108 - 2 - / } 2 of 2