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FILED: NEW YORK COUNTY CLERK 07/29/2014 10:05 AM INDEX NO. 653476/2013
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/29/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X Hon. Shlomo S. Hagler
PETER STERN and EXPRESS TRADE CAPITAL, INC.
Plaintiffs, Index No. 653476/2013
-against-
NOTICE OF MOTION
FOR LEAVE TO
REARGUE
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 July 28, 2014, 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 August 22, 2014, 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 LEAVE TO
REARGUE a prior motion by the Defendants, which sought to dismiss First, Second, and Third
Causes of Action of Plaintiffs’ Complaint as against all of the Defendants, pursuant to CPLR
2221(a),(d)(2) based upon matters of fact and law overlooked by the Court in determining said
prior motion.
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PLEASE TAKE FURTHER NOTICE that the Plaintiffs’ 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: July 28, 2014 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 07/29/2014 10:05 AM INDEX NO. 653476/2013 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/29/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X Hon. Shlomo S. Hagler PETER STERN and EXPRESS TRADE CAPITAL, INC. Plaintiffs, Index No. 653476/2013 -against- NOTICE OF MOTION FOR LEAVE TO REARGUE 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 July 28, 2014, 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 August 22, 2014, 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 LEAVE TO REARGUE a prior motion by the Defendants, which sought to dismiss First, Second, and Third Causes of Action of Plaintiffs’ Complaint as against all of the Defendants, pursuant to CPLR 2221(a),(d)(2) based upon matters of fact and law overlooked by the Court in determining said prior motion. 1 PLEASE TAKE FURTHER NOTICE that the Plaintiffs’ 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: July 28, 2014 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