Preview
FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
NEW YORK STATE SUPREME COURT
COUNTY OF WESTCHESTER
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Index No. ________________
NOTICE OF MOTION FOR
CHRISTIAN AGUIRRE and MELISSA SANCHEZ, SUMMARY JUDGMENT IN
LIEU OF COMPLAINT
Plaintiffs(s),
SUMMONS
-against-
Plaintiff designates Westchester
WESTCHESTER COUNTY; OFFICER ISRAEL LOPEZ; County as the place of trial.
and OFFICER WILLIAM MOHL; The basis of venue is:
Defendants. The county in which the action
arose per CPLR 504
The cause of action arose in
Westchester County and is
against Westchester County
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To the above-named Defendants:
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(s) within twenty days after the service of this summons, exclusive of the
day of service, where service is made by delivery upon you personally within the state, or, within
30 days after completion of service where service is made in any other manner. In case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
Dated: New York, NY
February 5, 2024
Yours etc.
__/s/____________________
By: Paul Stewart-Stand
Attorney for Plaintiff
14 Wall Street, Suite 1603
New York, NY 10005
212-226-2275
1 of 4
FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
TO:
The County of Westchester
148 Martine Ave
White Plains, NY 10048
Officer Israel Lopez
The Westchester County Department of Public Safety
a/ka The Westchester County Police Department
1 Saw Mill River Parkway
Hawthorne, NY 10532
Officer William Mohl
The Westchester County Department of Public Safety
a/ka The Westchester County Police Department
1 Saw Mill River Parkway
Hawthorne, NY 10532
2 of 4
FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
NEW YORK STATE SUPREME COURT
COUNTY OF WESTCHESTER
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CHRISTIAN AGUIRRE and MELISSA SANCHEZ,
NOTICE OF MOTION FOR
Plaintiffs(s), SUMMARY JUDGMENT IN
LIEU OF COMPLAINT
-against-
WESTCHESTER COUNTY; OFFICER ISRAEL LOPEZ; Index No. ________________
and OFFICER WILLIAM MOHL;
Defendants.
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PLEASE TAKE NOTICE, that upon the Summons, dated the 5th day of February 2024,
and the annexed affirmation of Christopher H. Fitzgerald, sworn to on the 5th day of February,
2024, together with exhibits, Plaintiffs, by their attorneys Christopher H. Fitzgerald and Paul
Stewart-Stand, will move this Court, at an IAS Motion Support Office Courtroom (Room _____)
thereof to be held at the Courthouse for the Supreme Court of the State of New York County of
Westchester, located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, New York on the 26th
day of February, 2024 at ________ am/pm, or as soon thereafter as counsel may be heard, for an
Order directing of judgment in favor of the Plaintiffs and against Defendants jointly and severally
in the sum of FIFTY EIGHT THOUSAND THREE HUNDRED AND SEVEN AND 00/100
DOLLARS ($58,307.00), together with statutory interest upon entry of judgment, together with
the costs and disbursements of this action, upon the ground that this action is based upon an
instrument for payment of money only and that there is no defense to the action, and for such other
and further relief as the Court deems proper.
3 of 4
FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), you are
required to serve upon the undersigned at least seven days prior to the return date of this motion
any answering affidavits to be used in opposition thereto.
Dated: New York, NY
February 5, 2024
Yours etc.
__/s/____________________
By: Paul Stewart-Stand
Attorney for Plaintiff
14 Wall Street, Suite 1603
New York, NY 10005
212-226-2275
TO:
The County of Westchester
148 Martine Ave
White Plains, NY 10048
Officer Israel Lopez
The Westchester County Department of Public Safety
a/ka The Westchester County Police Department
1 Saw Mill River Parkway
Hawthorne, NY 10532
Officer William Mohl
The Westchester County Department of Public Safety
a/ka The Westchester County Police Department
1 Saw Mill River Parkway
Hawthorne, NY 10532
4 of 4
Preview
FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 NEW YORK STATE SUPREME COURT COUNTY OF WESTCHESTER --------------------------------------------------------------------- X Index No. ________________ NOTICE OF MOTION FOR CHRISTIAN AGUIRRE and MELISSA SANCHEZ, SUMMARY JUDGMENT IN LIEU OF COMPLAINT Plaintiffs(s), SUMMONS -against- Plaintiff designates Westchester WESTCHESTER COUNTY; OFFICER ISRAEL LOPEZ; County as the place of trial. and OFFICER WILLIAM MOHL; The basis of venue is: Defendants. The county in which the action arose per CPLR 504 The cause of action arose in Westchester County and is against Westchester County --------------------------------------------------------------------- X To the above-named Defendants: 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(s) within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, NY February 5, 2024 Yours etc. __/s/____________________ By: Paul Stewart-Stand Attorney for Plaintiff 14 Wall Street, Suite 1603 New York, NY 10005 212-226-2275 1 of 4 FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 TO: The County of Westchester 148 Martine Ave White Plains, NY 10048 Officer Israel Lopez The Westchester County Department of Public Safety a/ka The Westchester County Police Department 1 Saw Mill River Parkway Hawthorne, NY 10532 Officer William Mohl The Westchester County Department of Public Safety a/ka The Westchester County Police Department 1 Saw Mill River Parkway Hawthorne, NY 10532 2 of 4 FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 NEW YORK STATE SUPREME COURT COUNTY OF WESTCHESTER --------------------------------------------------------------------- X CHRISTIAN AGUIRRE and MELISSA SANCHEZ, NOTICE OF MOTION FOR Plaintiffs(s), SUMMARY JUDGMENT IN LIEU OF COMPLAINT -against- WESTCHESTER COUNTY; OFFICER ISRAEL LOPEZ; Index No. ________________ and OFFICER WILLIAM MOHL; Defendants. --------------------------------------------------------------------- X PLEASE TAKE NOTICE, that upon the Summons, dated the 5th day of February 2024, and the annexed affirmation of Christopher H. Fitzgerald, sworn to on the 5th day of February, 2024, together with exhibits, Plaintiffs, by their attorneys Christopher H. Fitzgerald and Paul Stewart-Stand, will move this Court, at an IAS Motion Support Office Courtroom (Room _____) thereof to be held at the Courthouse for the Supreme Court of the State of New York County of Westchester, located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, New York on the 26th day of February, 2024 at ________ am/pm, or as soon thereafter as counsel may be heard, for an Order directing of judgment in favor of the Plaintiffs and against Defendants jointly and severally in the sum of FIFTY EIGHT THOUSAND THREE HUNDRED AND SEVEN AND 00/100 DOLLARS ($58,307.00), together with statutory interest upon entry of judgment, together with the costs and disbursements of this action, upon the ground that this action is based upon an instrument for payment of money only and that there is no defense to the action, and for such other and further relief as the Court deems proper. 3 of 4 FILED: WESTCHESTER COUNTY CLERK 02/07/2024 11:47 AM INDEX NO. 56860/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), you are required to serve upon the undersigned at least seven days prior to the return date of this motion any answering affidavits to be used in opposition thereto. Dated: New York, NY February 5, 2024 Yours etc. __/s/____________________ By: Paul Stewart-Stand Attorney for Plaintiff 14 Wall Street, Suite 1603 New York, NY 10005 212-226-2275 TO: The County of Westchester 148 Martine Ave White Plains, NY 10048 Officer Israel Lopez The Westchester County Department of Public Safety a/ka The Westchester County Police Department 1 Saw Mill River Parkway Hawthorne, NY 10532 Officer William Mohl The Westchester County Department of Public Safety a/ka The Westchester County Police Department 1 Saw Mill River Parkway Hawthorne, NY 10532 4 of 4