On December 02, 2021 a
Party Notice
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 04/12/2022 10:15 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELYSE PASQUALE,
Plaintiff, NOTICE OF
CROSS-MOTION
-against-
ANTHONY BURGES, Index No.: 160804/21
Defendant.
PLEASE TAKE NOTICE THAT upon the accompanying affirmation of Brian
Kimmel, the exhibits annexed hereto, and upon all of the papers and pleadings heretofore had
herein, Defendant Anthony Burges will cross-move this Court, at The Motion Submissions Part,
Room 130, at the Courthouse of the Supreme Court of the State of New York, County of New
York, located at 60 Centre Street, New York, New York, on April 18, 2022, at 9:30 a.m., or as
soon thereafter as counsel may be heard, for an Order:
(a) Denying Plaintiff’s motion for an Order: pursuant to CPLR §
3025, conforming the proof to the proceedings to date;
pursuant to CPLR § 3215, granting Plaintiff a default judgment
against Defendant Anthony Burges based upon his [alleged]
failure to appear and answer the Complaint; and together with
such other and different relief as the Court may deem just and
proper; and
(b) Granting Defendant’s cross-motion and permitting Defendant
to file a late answer pursuant to CPLR § 3012 and/or CPLR §
5015 and/or CPLR § 2004 and/or CPLR § 2005;
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FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022
(c) Upon permitting Defendant to file an answer, pursuant to
CPLR § 3212, granting Defendant’s cross-motion for summary
judgment dismissing this action because as a matter of law,
Plaintiff is not entitled to any relief against Defendant herein
because there is a prior proceeding pending seeking identical
relief; or in the alternative
(d) Pursuant to CPLR § 3211, dismissing this action because of the
prior proceeding pending seeking identical relief; and/or
(e) Setting this matter down for a traverse hearing;
(f) Awarding attorneys’ fees and costs to Defendant for defending
against this action and the bringing of this cross-motion; and
(g) Awarding such other and further relief as this Court deems just
and proper.
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FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022
PLEASE TAKE FURTHER NOTICE, that Plaintiff’s answering papers to this cross-
motion must be served in compliance with the CPLR.
Dated: New York, New York
April 7, 2022
Yours, etc.,
THE KIMMEL LAW FIRM
By:
Brian Kimmel, Esq.
Attorney for Defendant Anthony Burges
305 Broadway, 7th Floor
New York, New York 10007
(646) 682-7777
TO: Butnick & Levenson LLP
60 West 38th Street, Suite 6W
New York, New York 10018
(212) 362-1197
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FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELYSE PASQUALE,
Plaintiff, Index No.: 160804/21
-against-
ANTHONY BURGES,
Defendant.
NOTICE OF CROSS-MOTION
by
THE KIMMEL LAW FIRM
Brian Kimmel, Esq.
Attorney for Defendant Anthony Burges
Office and Postal Address, Telephone
305 BROADWAY, 7TH FLOOR
NEW YORK, NY 10007
(646) 682-7777
To: Butnick & Levenson LLP
60 West 38th Street, Suite 6W
New York, New York 10018
Service of a copy of this document is hereby admitted.
_______________________________
Attorney(s) for .
Signature pursuant to 22 NYCRR section 130-1.1(c):
_______________________________________
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Document Filed Date
April 12, 2022
Case Filing Date
December 02, 2021
Category
Real Property - Other (Breach of Lease)
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Preview
FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELYSE PASQUALE, Plaintiff, NOTICE OF CROSS-MOTION -against- ANTHONY BURGES, Index No.: 160804/21 Defendant. PLEASE TAKE NOTICE THAT upon the accompanying affirmation of Brian Kimmel, the exhibits annexed hereto, and upon all of the papers and pleadings heretofore had herein, Defendant Anthony Burges will cross-move this Court, at The Motion Submissions Part, Room 130, at the Courthouse of the Supreme Court of the State of New York, County of New York, located at 60 Centre Street, New York, New York, on April 18, 2022, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order: (a) Denying Plaintiff’s motion for an Order: pursuant to CPLR § 3025, conforming the proof to the proceedings to date; pursuant to CPLR § 3215, granting Plaintiff a default judgment against Defendant Anthony Burges based upon his [alleged] failure to appear and answer the Complaint; and together with such other and different relief as the Court may deem just and proper; and (b) Granting Defendant’s cross-motion and permitting Defendant to file a late answer pursuant to CPLR § 3012 and/or CPLR § 5015 and/or CPLR § 2004 and/or CPLR § 2005; 1 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022 (c) Upon permitting Defendant to file an answer, pursuant to CPLR § 3212, granting Defendant’s cross-motion for summary judgment dismissing this action because as a matter of law, Plaintiff is not entitled to any relief against Defendant herein because there is a prior proceeding pending seeking identical relief; or in the alternative (d) Pursuant to CPLR § 3211, dismissing this action because of the prior proceeding pending seeking identical relief; and/or (e) Setting this matter down for a traverse hearing; (f) Awarding attorneys’ fees and costs to Defendant for defending against this action and the bringing of this cross-motion; and (g) Awarding such other and further relief as this Court deems just and proper. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022 PLEASE TAKE FURTHER NOTICE, that Plaintiff’s answering papers to this cross- motion must be served in compliance with the CPLR. Dated: New York, New York April 7, 2022 Yours, etc., THE KIMMEL LAW FIRM By: Brian Kimmel, Esq. Attorney for Defendant Anthony Burges 305 Broadway, 7th Floor New York, New York 10007 (646) 682-7777 TO: Butnick & Levenson LLP 60 West 38th Street, Suite 6W New York, New York 10018 (212) 362-1197 3 3 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2022 10:15 PM INDEX NO. 160804/2021 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELYSE PASQUALE, Plaintiff, Index No.: 160804/21 -against- ANTHONY BURGES, Defendant. NOTICE OF CROSS-MOTION by THE KIMMEL LAW FIRM Brian Kimmel, Esq. Attorney for Defendant Anthony Burges Office and Postal Address, Telephone 305 BROADWAY, 7TH FLOOR NEW YORK, NY 10007 (646) 682-7777 To: Butnick & Levenson LLP 60 West 38th Street, Suite 6W New York, New York 10018 Service of a copy of this document is hereby admitted. _______________________________ Attorney(s) for . Signature pursuant to 22 NYCRR section 130-1.1(c): _______________________________________ 4 4 of 4