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 0172272015 01:37 PM
NYSCEF   DOC.     NO.   25                                                                    RECEIVED   NYSCEF       01/22/2015




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

                                               Plaintiff,
                        -against-                                                   AFFIDAVIT OF MARK
                                                                                    AST

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

                                               Defendant(s).
            a                            ——


            STATE OF NEW YORK                  )
                                               ) ss:
            COUNTY OF ORANGE                   )
                        Mark Ast, being duly sworn deposes and says as follows:

                        1. lama Defendant in the above in the referenced action who is being sued in my individual

                capacity. I make this affidavit based upon my personal knowledge in support of the Defendants’

                motion to dismiss pursuant to 3211 and for summary judgment pursuant to CPLR §3212.

                        2. I write to respond to the false statements of fact which were asserted in the January 15

                Counsel Affirmation of Alberthe Bernier, Esq., who is an attorney who lacks any personal

                knowledge of the underlying facts concerning the matter and whose assertions thus lack any

                evidentiary value for the instant motion.

                        3. Plaintiff does not dispute and it is uncontroverted that I never signed the Contract

                attached to Plaintiff's Complaint. I never ratified the agreement and thus never had any contract

                with Plaintiff.

                        4. Despite the assertion of Plaintiffs counsel in paragraph 14 of the Counsel Affirmation,

                I never spoke with Jewish Home Lifecare and agreed that I was personally liable for the claimed
debt, nor did I ever state that the “outstanding bill would be paid,” and I never stated that I would

use personal assets to pay for any such claimed debt, as the contract at issue explicitly states I would

never be held personally responsible for any services provided to Betty Ast.

        WHEREFORE, its is respectfully requested that the motion to dismiss and for summary

judgment be granted in its entirety.


        Dated: Goshen, New York
               January¢       5
                                                         By
                                                                 Mark Ast
Sworn to before me this
VX day of January, 2015


        Notary Public

               MIAN T ULLAH
      Notary Public, State of New
                                  York
             No. 01U16174969
        .Qualified in Nassau county
     Certificate Filed in Nassau Cou
                                     nt
      Commission Expires 10/01/201
                                   5