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FILED: NEW YORK COUNTY CLERK 11/11/2013 INDEX NO. 653476/2013
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/13/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PETER STERN and EXPRESS TRADE CAPITAL, INC.
Plaintiffs, Index No. 653476/2013
-against- NOTICE OF MOTION
OLEG ARDACHEV, AIR CARGO SERVICES L.L.C.,
DELEX INC., DELEX AIR CARGO, LLC, a Delaware
limited liability company, and DELEX AIR CARGO, LLC.
a Washington limited liability company.
Defendant.
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PLEASE TAKE NOTICE that, upon the annexed Affirmation of Robert Bondar, Esq., dated
November 6, 2013, the exhibits attached thereto, and all the prior pleadings and proceedings
herein, Defendants OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC.,
DELEX AIR CARGO, LLC, a Delaware limited liability company, and DELEX AIR CARGO,
LLC. a Washington limited liability company, by their undersigned counsel LAW OFFICE OF
ROBERT BONDAR, will move this Court, on December 9, 2013, at 9:30 a.m., or as soon
thereafter as counsel may be heard at the Submission Part - Room 130, Supreme Court of
New York, County of New York, 60 Centre Street, New York, New York, for an Order of
this Court dismissing First, Second, and Third Causes of Action of Plaintiffs’ Complaint as
against all of the Defendants:
a. Pursuant to CPLR §3211(a)(1), on the ground that a defense is founded upon
documentary evidence,
b. Pursuant to CPLR §3211(a)(7), on the ground that Plaintiffs’ Complaint fails to state a
cause of action.
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PLEASE TAKE FURTHER NOTICE that the Defendants’ answering papers shall be served
in accordance with CPLR Rule 2214.
ATTORNEY CERTIFICATION
The undersigned hereby certifies that to the best of the undersigned knowledge,
information and belief formed under a reasonable inquiry under the circumstances, the
presentation of the within motion and the contentions contained herein are not frivolous as
defined in NYC RR Section 130-1.1(c).
DATED: November 13, 2013 Yours, etc.
By: /s/ Robert Bondar
Robert Bondar, Esq.
Attorney for Defendants
28 Dooley Street, 3rd floor
Brooklyn, New York 11235
Telephone (347) 462-3262
TO:
David Estrakh, Esq.
Attorney for Plaintiffs
1410 Broadway, Suite 2600
New York, NY 10018
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FILED: NEW YORK COUNTY CLERK 11/11/2013 INDEX NO. 653476/2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/13/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X PETER STERN and EXPRESS TRADE CAPITAL, INC. Plaintiffs, Index No. 653476/2013 -against- NOTICE OF MOTION OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., DELEX AIR CARGO, LLC, a Delaware limited liability company, and DELEX AIR CARGO, LLC. a Washington limited liability company. Defendant. ------------------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed Affirmation of Robert Bondar, Esq., dated November 6, 2013, the exhibits attached thereto, and all the prior pleadings and proceedings herein, Defendants OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., DELEX AIR CARGO, LLC, a Delaware limited liability company, and DELEX AIR CARGO, LLC. a Washington limited liability company, by their undersigned counsel LAW OFFICE OF ROBERT BONDAR, will move this Court, on December 9, 2013, at 9:30 a.m., or as soon thereafter as counsel may be heard at the Submission Part - Room 130, Supreme Court of New York, County of New York, 60 Centre Street, New York, New York, for an Order of this Court dismissing First, Second, and Third Causes of Action of Plaintiffs’ Complaint as against all of the Defendants: a. Pursuant to CPLR §3211(a)(1), on the ground that a defense is founded upon documentary evidence, b. Pursuant to CPLR §3211(a)(7), on the ground that Plaintiffs’ Complaint fails to state a cause of action. 1 PLEASE TAKE FURTHER NOTICE that the Defendants’ answering papers shall be served in accordance with CPLR Rule 2214. ATTORNEY CERTIFICATION The undersigned hereby certifies that to the best of the undersigned knowledge, information and belief formed under a reasonable inquiry under the circumstances, the presentation of the within motion and the contentions contained herein are not frivolous as defined in NYC RR Section 130-1.1(c). DATED: November 13, 2013 Yours, etc. By: /s/ Robert Bondar Robert Bondar, Esq. Attorney for Defendants 28 Dooley Street, 3rd floor Brooklyn, New York 11235 Telephone (347) 462-3262 TO: David Estrakh, Esq. Attorney for Plaintiffs 1410 Broadway, Suite 2600 New York, NY 10018 2