On December 02, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Elyse Pasquale,
and
Anthony Burges,
for Real Property - Other (Breach of Lease)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/03/2022 10:27 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELYSE PASQUALE,
AFFIRMATION -
Plaintiff, REFEREE APPLICATION
-against- Index No.: 160804/2021
ANTHONY BURGES,
Defendant.
Brian Kimmel, an attorney duly admitted to practice in the Courts of this State,
affirms as follows under penalty of perjury:
1. I make this affirmation in support of an application for an adjournment of
Plaintiff’s motion on behalf of Defendant Anthony Burges.
2. This request is being made because of my own calendar and scheduling.
3. It is respectfully requested that Defendant’s time to serve and file
opposition and/or Cross-Motion to Plaintiff’s motion be extended to March 26, 2022.
4. In order to be fair, it is further respectfully requested that the time for
Plaintiff to serve a Reply and/or opposition papers to Defendant’s Cross-Motion be extended to
April 18, 2022 to provide the same amount of time. Thereafter, it is respectfully requested that
Defendant be permitted to serve a Reply to Plaintiff’s opposition to Defendant’s Cross-Motion, if
any, by April 28, 2022 and that Plaintiff’s motion be adjourned to April 30, 2022 at 9:30 a.m. in
the Submissions Part.
1 of 2
FILED: NEW YORK COUNTY CLERK 03/03/2022 10:27 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/03/2022
5. In the event that the Referee is willing to grant this application but only
order a shorter adjournment, it is respectfully requested that the Referee grant this application to
that extent and order a shorter adjournment.
6. I reached out to Plaintiff’s counsel and made contact. I requested an
adjournment but he advised that he would not consent to an extension.
7. Finally, it is respectfully submitted that Plaintiff will incur no tangible
prejudice by an Order extending the time to serve opposition to the motion or adjournment of
Plaintiff’s motion but that in the event there is any possible prejudice to Plaintiff, in weighing the
equities, any cognizable prejudice to Plaintiff is outweighed by the prejudice that Defendant will
suffer if this application is not granted.
8. Therefore, it is respectfully submitted that the Referee Application by
Defendant should be granted in its entirety.
WHEREFORE, it is respectfully requested that Defendant’s application be
granted in its entirety, with such other and further relief as this Court deems just and proper.
Dated: New York, New York
March 3, 2022
THE KIMMEL LAW FIRM
By: _____________________________
Brian Kimmel, Esq.
Attorney for Defendant
305 Broadway, 7th Floor
New York, New York 10007
(646) 682-7777
kimmelbrian@gmail.com
2 of 2
Document Filed Date
March 03, 2022
Case Filing Date
December 02, 2021
Category
Real Property - Other (Breach of Lease)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 03/03/2022 10:27 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELYSE PASQUALE, AFFIRMATION - Plaintiff, REFEREE APPLICATION -against- Index No.: 160804/2021 ANTHONY BURGES, Defendant. Brian Kimmel, an attorney duly admitted to practice in the Courts of this State, affirms as follows under penalty of perjury: 1. I make this affirmation in support of an application for an adjournment of Plaintiff’s motion on behalf of Defendant Anthony Burges. 2. This request is being made because of my own calendar and scheduling. 3. It is respectfully requested that Defendant’s time to serve and file opposition and/or Cross-Motion to Plaintiff’s motion be extended to March 26, 2022. 4. In order to be fair, it is further respectfully requested that the time for Plaintiff to serve a Reply and/or opposition papers to Defendant’s Cross-Motion be extended to April 18, 2022 to provide the same amount of time. Thereafter, it is respectfully requested that Defendant be permitted to serve a Reply to Plaintiff’s opposition to Defendant’s Cross-Motion, if any, by April 28, 2022 and that Plaintiff’s motion be adjourned to April 30, 2022 at 9:30 a.m. in the Submissions Part. 1 of 2 FILED: NEW YORK COUNTY CLERK 03/03/2022 10:27 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/03/2022 5. In the event that the Referee is willing to grant this application but only order a shorter adjournment, it is respectfully requested that the Referee grant this application to that extent and order a shorter adjournment. 6. I reached out to Plaintiff’s counsel and made contact. I requested an adjournment but he advised that he would not consent to an extension. 7. Finally, it is respectfully submitted that Plaintiff will incur no tangible prejudice by an Order extending the time to serve opposition to the motion or adjournment of Plaintiff’s motion but that in the event there is any possible prejudice to Plaintiff, in weighing the equities, any cognizable prejudice to Plaintiff is outweighed by the prejudice that Defendant will suffer if this application is not granted. 8. Therefore, it is respectfully submitted that the Referee Application by Defendant should be granted in its entirety. WHEREFORE, it is respectfully requested that Defendant’s application be granted in its entirety, with such other and further relief as this Court deems just and proper. Dated: New York, New York March 3, 2022 THE KIMMEL LAW FIRM By: _____________________________ Brian Kimmel, Esq. Attorney for Defendant 305 Broadway, 7th Floor New York, New York 10007 (646) 682-7777 kimmelbrian@gmail.com 2 of 2