Motion-Secondary: Jewish Home Lifecare v. Mark Ast, Ernest Ast, Fiduciary For The Estate Of Betty Ast

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                                INDEX   NO.     161001/2014
FILED:      NEW       YORK        COUNTY     CLERK          01/21/2015         09:19     PM
NYSCEF   DOC.   NO.    18                                                                         RECEIVED    NYSCEF      01/21/2015




            SUPREME COURT OF THE STATE OF NEW YORK
            COUNTY OF NEW YORK
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            JEWISH HOME LIFECARE,                                                      Index No. 161001/2014

                                               Plaintiff,
                      -against-                                                        REPLY AFFIRMATION
                                                                                       OF THOMAS         C.
                                                                                       LANDRIGAN IN
                                                                                       SUPPORT OF MOTION

            MARK AST, ERNEST AST and
            FIDUCIARY for THE ESTATE OF BETTY AST,

                                               Defendant(s).
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                      THOMAS C. LANDRIGAN , affirms under CPLR §2106 as follows:

                      1.    lam amember of Cohen, LaBarbera & Landrigan, LLP, counsel for the Defendants, Mark

            and Ernest Ast (collectively the “Defendants”), and as such I have personal knowledge of the matters

            set forth herein. I submit this reply affirmation based upon my personal knowledge in support of the

            relief requested in the Defendants’ Motion which is as follows:

                               (i) pursuant to CPLR         3211(a)(1) and CPLR    3211(a)(7),   dismissing Plaintiff's

                               Complaint in its entirety; and

                               (ii) pursuant to CPLR 3212, granting summary judgment in favor of Defendants

                               Mark Ast and Emest Ast as to all causes of action; or, alternatively,

                               Gii)pursuant to CPLR 3212, granting partial summary in favor of Defendant Mark

                               Ast as to all causes of action; and

                               (iv) for other and further appropriate relief as the court deems just, proper and

                               equitable.

                      2. Attached hereto as Exhibit A is the discovery schedule for the instant matter.
WHEREFORE,           for the reasons set forth above and in the accompanying affidavits and

memorandum of law, and upon all other pleadings herein, the Court should grant an Order:

               (i) pursuant to CPLR 3211 dismissing Plaintiff's Complaint in its entirety;

               (ii) pursuant to CPLR 3212 granting summary judgment in favor of the Defendants

               on Plaintiffs claims; and

               (iii) for such other and further appropriate relief as the court deems just, proper and

               equitable.

Dated: Goshen, New York                                    Z cep
       January 21, 2015                                              a


                                       B            xf f
                                           , THOMAS     ANDRIGAN

                                               ‘6EN; aBARBERA & LANDRIGAN, LLP
                                                    athews Street, Suite 203
                                               Goshen NY 10924
                                               Tel: (845) 291-1900
                                               Counsel for Defendants Mark Ast and Betty Ast




TO:
Alberthe Bernier, Esq.
LITTMAN KROOKS LLP
 399 Knollwood Road
White Plains, New York 10603
Attorneys for Plaintiff