Order: Nelson R Bin v. Theresa Monteneri, Robert Monteneri, Monteneri Motorcars Llc

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                                INDEX   NO.   E2018003178
NYSCEF   DOC.   NO.    16                                                                    RECEIVED      NYSCEF:     08/13/2018




                                                                  At a motion term of the Supreme Court of
                                                                  the State of New York, held at the Hall of
                                                                  Justice in the City of Rochester, New York
                                                                  on the 12" day of July, 2018.

                 HON. EVELYN FRAZEE, Justice Presiding
                 STATE OF NEW YORK
                 SUPREME COURT             COUNTY OF MONROE


                 NELSON      R. BIN,
                                                                                         ORDER
                                  Plaintiff,

                                  -vs-

                 THERESA MONTENERI, ROBERT MONTENERI,                                Index No.    E2018003178
                 and MONTENERI MOTORCARS LLC,
                                                                                         (Frazee, J.)
                                  Defendants.



                      Defendants Theresa Monteneri, Robert Monteneri and Monteneri Motorcars LLC by

                 their attorney, Law Office of Michael Jonascu having moved for an Order: (a) pursuant to

                 CPLR 3211 dismissing all or part of plaintiff's complaint; and (b) granting reasonable

                 attorney’s fees; and

                      Upon reading and filing the notice of motion, dated May 25, 2018, and the annexed

                 affirmation of Michael Jonascu, Esq. dated May 22, 2018, and verifications of “Motion to

                 Dismiss” by Robert Monteneri and Theresa Monteneri, both sworn to on May 24, 2018,

                 with the exhibits attached thereto, in support thereof, and the affidavit of John M.

                 Bansbach, sworn to June 5, 2018 with the exhibits attached thereto and the affidavit of

                plaintiff Nelson R. Bin, sworn to June 8, 2018, in opposition to the motion; and

                      Said motion having regularly come on to be heard on July 12, 2018, and after hearing

                 defendants by their attorney, Michael Jonascu, of counsel, in support of the motion and




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NYSCEF   DOC.   NO.   16                                                                         RECEIVED    NYSCEF     08/13/2018




                 plaintiff by his attorneys,   Bansbach Law P.C.,       John M. Bansbach, of counsel,   in

                 opposition to the motion; and

                      After due deliberation thereon,    it is hereby

                      ORDERED,     that defendants’     motion pursuant to CPLR 3211 dismissing all or part

                 of plaintiff's complaint be and the same is hereby denied;        and it is

                      ORDERED,      that defendant’s motion for reasonable attorney fees be and the same is

                 hereby August

                 raat      “Sy 1313,2018                                    4)



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