On May 05, 2023 a
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) Affirmation in Support of Plaintiff's Second Motion for Extension of Time to Serve Process on INTENS - Affirmation in Support of Plaintiff's Second Motion for Extension of Time to Serve Process on INTENS ... show more
was filed
involving a dispute between
Pine Valley Development Inc.,
and
Integra Holdings Llc,
Intensive Care Spa,
for Commercial - Contract - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PINE VALLEY DEVELOPMENT INC., a
British Virgin Islands Corporation; Index No.: 652189/2023
Plaintiff,
vs. AFFIRMATION IN SUPPORT OF
PLAINTIFF’S SECOND MOTION FOR
INTEGRA HOLDINGS LLC, a New York EXTENSION OF TIME TO SERVE
Limited Liability Company; INTENSIVE PROCESS ON INTENSIVE CARE SPA
CARE SPA, an Italian Joint Stock
Company;
Defendants.
I, TEREZA HORAKOVA, Esq., an attorney duly licensed and admitted to practice law
in the State of New York, not a party to this action, subscribe and affirm that the following is
true and correct under penalty of perjury:
1. I am an attorney with the law firm BARAKAT + BOSSA PLLC, counsel of
record for Plaintiff PINE VALLEY DEVELOPMENT INC. (“Plaintiff”) in this action.
2. I submit this affirmation in support of Plaintiff’s Second Motion for Extension
of Time to Serve Process on Defendant Intensive Care SPA (“Intensive”).
3. Plaintiff filed its Complaint on May 5, 2023.
4. As such, Plaintiff’s deadline to serve process on Defendants within 120 days
was on or before September 2, 2023.
5. On September 26, 2023, this Court entered an order extending Plaintiff’s time
to serve Intensive until December 31, 2023 due to delays with service under the Convention
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
(“Hague Convention”) in Italy. (NYSCEF No. 22)
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FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023
Pine Valley Development Inc. v. Integra Holdings LLC et al.
Index No.: 652189/2023
Affirmation in Supp. of Plaintiff’s Second Motion for Extension of Time to
Serve Process on Intensive Care SPA
Page 2 of 3
6. As of the date of this Affirmation, the Italian Central Authority has failed to
provide any information to Plaintiff regarding the status of the service on Intensive pursuant to
the Hague Convention, despite repeated requests for an update.
7. As a way of background, on May 26, 2023, Plaintiff proceeded to serve
Intensive via postal channels pursuant to the Hague Convention at Intensive’s last known
address at Via Terre delle Risaie n. 20, Salerno, 84131, Italy.
8. On June 7, 2023, DHL was unable to serve Intensive at the Salerno address and
advised that the address is an empty parking lot with no indication or sign of any connection to
Intensive.
9. On June 26, 2023, Plaintiff mailed a package to the Italian Central Authority to
effectuate service on Integra under the Hague Convention.
10. On June 30, 2023, the Italian Central Authority received the package.
11. On July 27, 2023, following the undersigned’s request for an update, the Italian
Central Authority confirmed receipt of the package and advised that it has been forwarded to
the Salerno office for processing and that due to the “bureaucratic times, postal times and the
August holidays”, no news is to be expected for “a few weeks”.
12. As of the date of the filing of this affirmation, the undersigned has yet to hear
from the Italian Central Authority as to the status of service on Intensive.
13. Due to Plaintiff’s diligent efforts to effectuate service on Intensive within the
extended timeframe, Plaintiff has shown good cause to extend the deadline and respectfully
seeks an extension of an additional 120 days to serve Intensive.
Dated: December 18, 2023
New York, New York
42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal
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FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023
Pine Valley Development Inc. v. Integra Holdings LLC et al.
Index No.: 652189/2023
Affirmation in Supp. of Plaintiff’s Second Motion for Extension of Time to
Serve Process on Intensive Care SPA
Page 3 of 3
Respectfully submitted,
BARAKAT + BOSSA PLLC
Attorneys for Plaintiff
42 West Street
Brooklyn, NY 11222
Tel (305) 444-3114
Fax (305) 444-3115
By: /s/ Tereza Horáková
TEREZA HORÁKOVÁ
New York Bar No.: 5806773
GIACOMO BOSSA
New York Bar No.: 5244041
thorakova@b2b.legal
gbossa@b2b.legal
service@b2b.legal
42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal
3 of 3
Document Filed Date
December 18, 2023
Case Filing Date
May 05, 2023
Category
Commercial - Contract - Commercial Division
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FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PINE VALLEY DEVELOPMENT INC., a British Virgin Islands Corporation; Index No.: 652189/2023 Plaintiff, vs. AFFIRMATION IN SUPPORT OF PLAINTIFF’S SECOND MOTION FOR INTEGRA HOLDINGS LLC, a New York EXTENSION OF TIME TO SERVE Limited Liability Company; INTENSIVE PROCESS ON INTENSIVE CARE SPA CARE SPA, an Italian Joint Stock Company; Defendants. I, TEREZA HORAKOVA, Esq., an attorney duly licensed and admitted to practice law in the State of New York, not a party to this action, subscribe and affirm that the following is true and correct under penalty of perjury: 1. I am an attorney with the law firm BARAKAT + BOSSA PLLC, counsel of record for Plaintiff PINE VALLEY DEVELOPMENT INC. (“Plaintiff”) in this action. 2. I submit this affirmation in support of Plaintiff’s Second Motion for Extension of Time to Serve Process on Defendant Intensive Care SPA (“Intensive”). 3. Plaintiff filed its Complaint on May 5, 2023. 4. As such, Plaintiff’s deadline to serve process on Defendants within 120 days was on or before September 2, 2023. 5. On September 26, 2023, this Court entered an order extending Plaintiff’s time to serve Intensive until December 31, 2023 due to delays with service under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Convention”) in Italy. (NYSCEF No. 22) 1 of 3 FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023 Pine Valley Development Inc. v. Integra Holdings LLC et al. Index No.: 652189/2023 Affirmation in Supp. of Plaintiff’s Second Motion for Extension of Time to Serve Process on Intensive Care SPA Page 2 of 3 6. As of the date of this Affirmation, the Italian Central Authority has failed to provide any information to Plaintiff regarding the status of the service on Intensive pursuant to the Hague Convention, despite repeated requests for an update. 7. As a way of background, on May 26, 2023, Plaintiff proceeded to serve Intensive via postal channels pursuant to the Hague Convention at Intensive’s last known address at Via Terre delle Risaie n. 20, Salerno, 84131, Italy. 8. On June 7, 2023, DHL was unable to serve Intensive at the Salerno address and advised that the address is an empty parking lot with no indication or sign of any connection to Intensive. 9. On June 26, 2023, Plaintiff mailed a package to the Italian Central Authority to effectuate service on Integra under the Hague Convention. 10. On June 30, 2023, the Italian Central Authority received the package. 11. On July 27, 2023, following the undersigned’s request for an update, the Italian Central Authority confirmed receipt of the package and advised that it has been forwarded to the Salerno office for processing and that due to the “bureaucratic times, postal times and the August holidays”, no news is to be expected for “a few weeks”. 12. As of the date of the filing of this affirmation, the undersigned has yet to hear from the Italian Central Authority as to the status of service on Intensive. 13. Due to Plaintiff’s diligent efforts to effectuate service on Intensive within the extended timeframe, Plaintiff has shown good cause to extend the deadline and respectfully seeks an extension of an additional 120 days to serve Intensive. Dated: December 18, 2023 New York, New York 42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal 2 of 3 FILED: NEW YORK COUNTY CLERK 12/18/2023 01:02 PM INDEX NO. 652189/2023 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/18/2023 Pine Valley Development Inc. v. Integra Holdings LLC et al. Index No.: 652189/2023 Affirmation in Supp. of Plaintiff’s Second Motion for Extension of Time to Serve Process on Intensive Care SPA Page 3 of 3 Respectfully submitted, BARAKAT + BOSSA PLLC Attorneys for Plaintiff 42 West Street Brooklyn, NY 11222 Tel (305) 444-3114 Fax (305) 444-3115 By: /s/ Tereza Horáková TEREZA HORÁKOVÁ New York Bar No.: 5806773 GIACOMO BOSSA New York Bar No.: 5244041 thorakova@b2b.legal gbossa@b2b.legal service@b2b.legal 42 West Street, Brooklyn, NY 11222 • Tel: 305-443114 • service@b2b.legal 3 of 3