On December 02, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Integrated Project Delivery Partners, Inc.,
and
Ilene Osherow,
Susan L. Schuman Family Trust,
Susan Schuman,
for Other Real Property - Foreclosure on Mechanic's Lien
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 02/27/2020 01:50 PM INDEX NO. 160102/2016
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 02/27/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------- ------------------------------------------------X
INTEGRATED PROJECT DELIVERY PARTNERS, INC.,
Plaintiff,
-against- NOTICE OF MOTION
SUSAN L. SCHUMAN FAMILY TRUST, ILENE Index. No.: 160102/2016
OSHEROW, SUSAN SCHUMAN, and "JOHN DOE (Motion Seq. 002)
1" 10,"
through "JOHN DOE said parties being lienors
who have yet to perfect their liens and being fictitious
and unknown to the Plaintiff,
Defendants.
------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that upon the annexed Affirmation of Peter Moulinos dated
February 26, 2020, the Affidavit of Todd Wilson dated February 26, 2020, the Affidavit of Susan
L. Schuman dated February 21, 2020, the Memorandum of Law dated February 26, 2020 and the
exhibits thereto, Defendants Susan L. Schuman Family Trust, Ilene Osherow, and Susan
Schuman ("Defendants"), shall move this Court at Room 130 of the courthouse located at 60
Centre Street, New York, New York on March 30, 2020 at 9:30 a.m. for an Order:
(a) Granting Defendants summary judgment, pursuant to C.P.L.R. §3212, against
Plaintiff Integrated Project Delivery Partners, Inc. ("Plaintiff"), to dismiss Plaintiff's firstcause
of action for breach of contract and fourth cause of action for violation of construction trust
funds filed in the Complaint;
(b) Granting Defendants summary judgment, pursuant to C.P.L.R. §3212, and against
Defendants'
Plaintiff on first counterclaim for breach of contract and third counterclaim for
willful exaggeration of a lien pursuant to lien law §39 and §39-a;
1 of 2
FILED: NEW YORK COUNTY CLERK 02/27/2020 01:50 PM INDEX NO. 160102/2016
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 02/27/2020
attorneys'
(c) Granting Defendants costs and fees associated with this motion; and
(d) For such other and further relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR §2214(b), answering
affidavits, ifany, are required to be served upon the undersigned at least seven days prior to the
return date of this motion.
Dated: New York, New York
February 26, 2020
OUL OS & A SOCIATES LLC
By: Peter Moulinos, Esq.
Attorneys for Defendants
58th - 25th
150 East Street FlOOr
New York, New York 10155
(212) 832-5981
To: WILSON & CHAN, LLP
Henry C. Chan, Esq.
Attorneys for Plaintiff
733 Third Avenue, 15th Floor
New York, New York 10017
(646) 790-5848
2
2 of 2
Document Filed Date
February 27, 2020
Case Filing Date
December 02, 2016
Category
Other Real Property - Foreclosure on Mechanic's Lien
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FILED: NEW YORK COUNTY CLERK 02/27/2020 01:50 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 02/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------- ------------------------------------------------X INTEGRATED PROJECT DELIVERY PARTNERS, INC., Plaintiff, -against- NOTICE OF MOTION SUSAN L. SCHUMAN FAMILY TRUST, ILENE Index. No.: 160102/2016 OSHEROW, SUSAN SCHUMAN, and "JOHN DOE (Motion Seq. 002) 1" 10," through "JOHN DOE said parties being lienors who have yet to perfect their liens and being fictitious and unknown to the Plaintiff, Defendants. ------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that upon the annexed Affirmation of Peter Moulinos dated February 26, 2020, the Affidavit of Todd Wilson dated February 26, 2020, the Affidavit of Susan L. Schuman dated February 21, 2020, the Memorandum of Law dated February 26, 2020 and the exhibits thereto, Defendants Susan L. Schuman Family Trust, Ilene Osherow, and Susan Schuman ("Defendants"), shall move this Court at Room 130 of the courthouse located at 60 Centre Street, New York, New York on March 30, 2020 at 9:30 a.m. for an Order: (a) Granting Defendants summary judgment, pursuant to C.P.L.R. §3212, against Plaintiff Integrated Project Delivery Partners, Inc. ("Plaintiff"), to dismiss Plaintiff's firstcause of action for breach of contract and fourth cause of action for violation of construction trust funds filed in the Complaint; (b) Granting Defendants summary judgment, pursuant to C.P.L.R. §3212, and against Defendants' Plaintiff on first counterclaim for breach of contract and third counterclaim for willful exaggeration of a lien pursuant to lien law §39 and §39-a; 1 of 2 FILED: NEW YORK COUNTY CLERK 02/27/2020 01:50 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 02/27/2020 attorneys' (c) Granting Defendants costs and fees associated with this motion; and (d) For such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR §2214(b), answering affidavits, ifany, are required to be served upon the undersigned at least seven days prior to the return date of this motion. Dated: New York, New York February 26, 2020 OUL OS & A SOCIATES LLC By: Peter Moulinos, Esq. Attorneys for Defendants 58th - 25th 150 East Street FlOOr New York, New York 10155 (212) 832-5981 To: WILSON & CHAN, LLP Henry C. Chan, Esq. Attorneys for Plaintiff 733 Third Avenue, 15th Floor New York, New York 10017 (646) 790-5848 2 2 of 2