Preview
FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF RICHMOND
CAPPY FOOD CORP. a/k/a CAPPY FOOD
Index No.
CORP ORATION OF STATEN ISLAND,
Plaintiff,
NOTICE OF MOTION
FOR SUMMARY
-against-
JUDGMENT IN LIEU OF
COMPLAINT
MY KESTANE FOOD CORP. and
SAZIYE AYAR,
Defendant.
27"1
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Edward Delli Paoli, Esq. dated the
27th
of October 2023; and the Affidavit of HAMIM SYED sworn to on the day of October 2023 and the
annexed Exhibits, and upon the papers, pleadings, and proceedings heretofore had herein; Plaintiff,
CAPPY FOOD CORP a/k/a CAPPY FOOD CORPORATION OF STATEN ISLAND will have this Court
in Part thereof at the Court house located at 26 Central Avenue Staten Island, New York 10301,
1"
on the day of December, 2023, at 9:30 a.m. or as soon thereafter as counsel may be heard, for (i) an
order pursuant to N.Y. C.P.L.R. 3213 directing the entry of Summary Judgment in favor of Plaintiff and
against Defendant in the amount of $246,931.00 (with 10% per annum interest from [date of accrual])
on the grounds that there is an instrument for the payment of money between the parties namely a
Promissory Note (Note), and proof of nonpayment of the amounts due by Defendant to Plaintiff under
the Note is established by Plaintiff as required under CPLR 3213; together with the costs, legal fees,
interests, and disbursements and such other and further relief as this Court deems just and proper
1
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FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3213 answering papers, if any, shall be
served in order to be received by the undersigned at least two days prior to the return date.
Dated: October 27, 2023
Staten Island, New York
EDWA D DELLI PAOLI, ESQ.
Attorney for Plaintiff
Law Office of Edward Delli Paoli
4288 Arthur Kill Road, Suite 4B
Staten Island, New York 10309
Tel. (718)668-6600
To: MY KESTANE FOOD CORP.
124 Ocean Avenue
Staten Island, New York 10305
SAZIYE AYAR
124 Ocean Avenue
Staten Island, New York 10305
MY KESTANE FOOD CORP.
C/O SECRETARY OF STATE
6*
1 Commerce Place, Floor
Albany, New York 12201
SAZIYE AYAR
45 Burger Avenue
Staten Island, New York 10305
MY KESTANE FOOD CORP.
45 Burger Avenue
Staten Island, New York 10305
KESTANE KEBOB
208 Franklin Street
Brooklyn, New York 12222
2
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FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------------------------------X INDEX NO.:
CAPPY FOOD CORP. a/lda CAPPY FOOD, SUMMONS
CORPORATION OF STATEN ISLAND,
Plaintiff,
-against-
Plaintiff(s) designates(s)
Richmond County as
MY KESTANE FOOD CORP. place of trial.
SAZIYE AYAR
The basis of the venue is
Defendants. Defendants place of business
Richmond County
--_______-----_________________________Ç
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer, or, if the Complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the day of service, (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear and answer, judgment will be taken against you for the sum of $246,931.00 with
interest thereon from February 5, 2020 plus reasonable attorney's fees together with the costs of
this action.
Dated: Staten Island, New York Yours, etc.,
October 27, 2023
EDWARD DELLI PAOLI, ESQ
Attorney for Plaintiff
4288 Arthur Kill Road, Suite 4B
Staten Island, New York 10309
718 668 0600
Edpesq1971@aol.com
TO:
See Attached Rider
3 of 3
Preview
FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF RICHMOND CAPPY FOOD CORP. a/k/a CAPPY FOOD Index No. CORP ORATION OF STATEN ISLAND, Plaintiff, NOTICE OF MOTION FOR SUMMARY -against- JUDGMENT IN LIEU OF COMPLAINT MY KESTANE FOOD CORP. and SAZIYE AYAR, Defendant. 27"1 PLEASE TAKE NOTICE, that upon the annexed Affirmation of Edward Delli Paoli, Esq. dated the 27th of October 2023; and the Affidavit of HAMIM SYED sworn to on the day of October 2023 and the annexed Exhibits, and upon the papers, pleadings, and proceedings heretofore had herein; Plaintiff, CAPPY FOOD CORP a/k/a CAPPY FOOD CORPORATION OF STATEN ISLAND will have this Court in Part thereof at the Court house located at 26 Central Avenue Staten Island, New York 10301, 1" on the day of December, 2023, at 9:30 a.m. or as soon thereafter as counsel may be heard, for (i) an order pursuant to N.Y. C.P.L.R. 3213 directing the entry of Summary Judgment in favor of Plaintiff and against Defendant in the amount of $246,931.00 (with 10% per annum interest from [date of accrual]) on the grounds that there is an instrument for the payment of money between the parties namely a Promissory Note (Note), and proof of nonpayment of the amounts due by Defendant to Plaintiff under the Note is established by Plaintiff as required under CPLR 3213; together with the costs, legal fees, interests, and disbursements and such other and further relief as this Court deems just and proper 1 1 of 3 FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3213 answering papers, if any, shall be served in order to be received by the undersigned at least two days prior to the return date. Dated: October 27, 2023 Staten Island, New York EDWA D DELLI PAOLI, ESQ. Attorney for Plaintiff Law Office of Edward Delli Paoli 4288 Arthur Kill Road, Suite 4B Staten Island, New York 10309 Tel. (718)668-6600 To: MY KESTANE FOOD CORP. 124 Ocean Avenue Staten Island, New York 10305 SAZIYE AYAR 124 Ocean Avenue Staten Island, New York 10305 MY KESTANE FOOD CORP. C/O SECRETARY OF STATE 6* 1 Commerce Place, Floor Albany, New York 12201 SAZIYE AYAR 45 Burger Avenue Staten Island, New York 10305 MY KESTANE FOOD CORP. 45 Burger Avenue Staten Island, New York 10305 KESTANE KEBOB 208 Franklin Street Brooklyn, New York 12222 2 2 of 3 FILED: RICHMOND COUNTY CLERK 10/31/2023 01:12 PM INDEX NO. 152002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------------------------X INDEX NO.: CAPPY FOOD CORP. a/lda CAPPY FOOD, SUMMONS CORPORATION OF STATEN ISLAND, Plaintiff, -against- Plaintiff(s) designates(s) Richmond County as MY KESTANE FOOD CORP. place of trial. SAZIYE AYAR The basis of the venue is Defendants. Defendants place of business Richmond County --_______-----_________________________Ç TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service, (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear and answer, judgment will be taken against you for the sum of $246,931.00 with interest thereon from February 5, 2020 plus reasonable attorney's fees together with the costs of this action. Dated: Staten Island, New York Yours, etc., October 27, 2023 EDWARD DELLI PAOLI, ESQ Attorney for Plaintiff 4288 Arthur Kill Road, Suite 4B Staten Island, New York 10309 718 668 0600 Edpesq1971@aol.com TO: See Attached Rider 3 of 3