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FILED: NEW YORK COUNTY CLERK 10/24/2018 02:54 PM INDEX NO. 652578/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
T.G. NICKEL & ASSOCIATES, LLC, and Index No.: 652578/2018
T.G. NICKEL & ASSOCIATES, LLC, as Assignee and
Subrogee of Trust Fund Beneficiary FESK SPECIAL
SYSTEMS INCORPORATED, on behalf of itselfand
on behalf of all others entitled to share in the funds
received by AMPAK ELECTRICAL SERVICES, INC.
and its successor in interest and alter ego, AMPAK
DATA & ELECTRICAL SERVICES, INC., as Trustee, NOTICE OF MOTION
in connection with the improvement of real property FOR CLASS
446
known as 27-19 Drive, Long Island City, New York, CERTIFICATION
Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, PURSUANT TO N.Y.
Long Island City, New York, Block 00268, Lot 20, LIEN LAW SS 71 and 77
Plaintiffs,
-against-
AMPAK ELECTRICAL SERVICES, INC., AMPAK
DATA & ELECTRICAL SERVICES, INC., JOHN
ESPOSITO, MARIA CUCUZZA, NICK ROMEO,
1"
and "JOHN DOE No. through "JOHN DOE
100,"
No. said names being fictitious, true names being
those unknown individuals and/or entities liable for the
diversion of trust funds pursuant to Article 3-A of the
Lien Law of the State of New York, in connection with
44*
the construction project at 27-19 Drive, Long Island
City, New York, Block 00268, Lot 8, and 44-12 and
44-16 Purvis Street, Long Island City, New York,
Block 00268, Lot 20,
Defendants.
---X
PLEASE TAKE NOTICE, that upon the annexed affidavit of Arthur J. Semctis, Esq.,
23"I Summana
sworn to on the day of October 2017, the and Verified Complaint aañêxed hereto,
the proposed Notice of Pendency of Class Action annexed hereto, and upon all pleadings and
proceedings heretofore had herein, the undersigned counsel for the Plaintiff proposed putative
class members shall move this Court at the Motion Support Office, Room 130, of the Supreme
Court of the State of New York, County of New York, at the Courthouse thereof, located at 60
14*
Centre Street, New York, New York, on the day of November 2018 at 9:30 in the forenoon
of that day, or as soon thereafter as counsel may be heard, for an order pursuant to N.Y. Lien
1 of 2
FILED: NEW YORK COUNTY CLERK 10/24/2018 02:54 PM INDEX NO. 652578/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/24/2018
Law §§ 71 and 77 and CPLR Article 9 waiving the requirement of ñümerosity and deter-!=ªrg
that the above en+ined action shall be s±uiñêd as a class action, describing the class as set
forth in the Verified Compl=iñt attached as Exhibit 1 to the accompañyiñg affidavit of Arthur J.
Semetis, approving the contcñts of the prapasM Notice of Pendency of Class Action s"sched as
Exhibit 6 to the accompanying affidavit of Arthur J. Semêtis, and directing the maññêr of service
of the Notice of Pêñdency of Class Action on the members of the class, upon the ground that the
within action is a trust diversion action within the meañiñg of Article 3-A of the Lien Law and
that pursuant to N.Y. Lien Law § 77, a trust diversicñ action must be maintéed as a class
action, and upon the ground that, with the exception of numerosity, the requirements of CPLR §
901 have been met, and for such other and further relief as this Court deems just and proper.
The above-entitled action is a trust diversion action brought pursuant to N.Y. Lien Law
Article 3-A.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering
papers, if any, must be served upon the undersigñêd at least seven (7) days prior to the return
date of this motion.
Dated: New York, New York
October 24, 2018
Respectfully submitted,
ARTHUR J. SE , .C.
Attorneys for Plai i ffs
By:
Arth . Semetis, Esq.
286 Madi n Avenue, Suite 1801
New rk, New York 10017
T phone: (212) 557-5055
To: Anthony P. Carlucci, Jr.,Esq.
Welby, Brady & Greenblatt, LLP
Attorneys for Defendants
150'
11 Martine Avenue, Floor
White Plains, New York 10606
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Preview
FILED: NEW YORK COUNTY CLERK 10/24/2018 02:54 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X T.G. NICKEL & ASSOCIATES, LLC, and Index No.: 652578/2018 T.G. NICKEL & ASSOCIATES, LLC, as Assignee and Subrogee of Trust Fund Beneficiary FESK SPECIAL SYSTEMS INCORPORATED, on behalf of itselfand on behalf of all others entitled to share in the funds received by AMPAK ELECTRICAL SERVICES, INC. and its successor in interest and alter ego, AMPAK DATA & ELECTRICAL SERVICES, INC., as Trustee, NOTICE OF MOTION in connection with the improvement of real property FOR CLASS 446 known as 27-19 Drive, Long Island City, New York, CERTIFICATION Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, PURSUANT TO N.Y. Long Island City, New York, Block 00268, Lot 20, LIEN LAW SS 71 and 77 Plaintiffs, -against- AMPAK ELECTRICAL SERVICES, INC., AMPAK DATA & ELECTRICAL SERVICES, INC., JOHN ESPOSITO, MARIA CUCUZZA, NICK ROMEO, 1" and "JOHN DOE No. through "JOHN DOE 100," No. said names being fictitious, true names being those unknown individuals and/or entities liable for the diversion of trust funds pursuant to Article 3-A of the Lien Law of the State of New York, in connection with 44* the construction project at 27-19 Drive, Long Island City, New York, Block 00268, Lot 8, and 44-12 and 44-16 Purvis Street, Long Island City, New York, Block 00268, Lot 20, Defendants. ---X PLEASE TAKE NOTICE, that upon the annexed affidavit of Arthur J. Semctis, Esq., 23"I Summana sworn to on the day of October 2017, the and Verified Complaint aañêxed hereto, the proposed Notice of Pendency of Class Action annexed hereto, and upon all pleadings and proceedings heretofore had herein, the undersigned counsel for the Plaintiff proposed putative class members shall move this Court at the Motion Support Office, Room 130, of the Supreme Court of the State of New York, County of New York, at the Courthouse thereof, located at 60 14* Centre Street, New York, New York, on the day of November 2018 at 9:30 in the forenoon of that day, or as soon thereafter as counsel may be heard, for an order pursuant to N.Y. Lien 1 of 2 FILED: NEW YORK COUNTY CLERK 10/24/2018 02:54 PM INDEX NO. 652578/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/24/2018 Law §§ 71 and 77 and CPLR Article 9 waiving the requirement of ñümerosity and deter-!=ªrg that the above en+ined action shall be s±uiñêd as a class action, describing the class as set forth in the Verified Compl=iñt attached as Exhibit 1 to the accompañyiñg affidavit of Arthur J. Semetis, approving the contcñts of the prapasM Notice of Pendency of Class Action s"sched as Exhibit 6 to the accompanying affidavit of Arthur J. Semêtis, and directing the maññêr of service of the Notice of Pêñdency of Class Action on the members of the class, upon the ground that the within action is a trust diversion action within the meañiñg of Article 3-A of the Lien Law and that pursuant to N.Y. Lien Law § 77, a trust diversicñ action must be maintéed as a class action, and upon the ground that, with the exception of numerosity, the requirements of CPLR § 901 have been met, and for such other and further relief as this Court deems just and proper. The above-entitled action is a trust diversion action brought pursuant to N.Y. Lien Law Article 3-A. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering papers, if any, must be served upon the undersigñêd at least seven (7) days prior to the return date of this motion. Dated: New York, New York October 24, 2018 Respectfully submitted, ARTHUR J. SE , .C. Attorneys for Plai i ffs By: Arth . Semetis, Esq. 286 Madi n Avenue, Suite 1801 New rk, New York 10017 T phone: (212) 557-5055 To: Anthony P. Carlucci, Jr.,Esq. Welby, Brady & Greenblatt, LLP Attorneys for Defendants 150' 11 Martine Avenue, Floor White Plains, New York 10606 2 of 2