On November 22, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Citymark Striping Llc,
Vanessa Mosher,
and
Bryant Luizzi,
Luzzi Bros. Sealcoating & Striping Llc Dba Luizzi Asphalt Services,
for Real Property - Other (Restore Possession)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 01/11/2023 11:50 AM INDEX NO. 908830-22
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/11/2023
STATE OF NEW YORK
SUPREME COURT : ALBANY COUNTY
VANESSA MOSHER AND CITYMARK STRIPING
LLC,
Petitioners,
v. Index No.: 908830-22
BRYANT LUIZZI and LUIZZI BROS.
SEALCOATING & STRIPING LLC dba LUIZZI
ASPHALT SERVICES,
Respondents.
NOTICE OF MOTION FOR A CONTINUANCE
Nature of Action: Real Property Actions and Proceedings Law special proceeding.
Moving Parties: Petitioners.
Directed To: Respondents.
Date and Time: January 23, 2023, at 9:30 a.m.
Place: At a Special Term of the Supreme Court, County of Albany, 16
Eagle Street, Albany, New York 12207, before the Hon. Peter A.
Lynch, J.S.C.
Supporting Papers: Affirmation of Michelle L. Merola, Esq., dated January 11, 2023.
Answering Papers: Pursuant to CPLR § 2214(b), answering papers, if any, are to be
served two (2) days before the return date of this motion.
Relief Requested: A continuance of the damages hearing scheduled for January 17,
2023, along with such other and further relief as this Court deems
just and proper.
Grounds for Relief: CPLR § 4402 and case law.
Oral Argument: Unless otherwise directed by the Court, this motion shall be on
submission only. No appearance is necessary or required.
1 of 2
FILED: ALBANY COUNTY CLERK 01/11/2023 11:50 AM INDEX NO. 908830-22
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/11/2023
Dated: January 11, 2023
Buffalo, New York
HODGSON RUSS LLP
Attorneys for Petitioners
By:
Michelle L. Merola, Esq.
Henry A. Zomerfeld, Esq.
677 Broadway, Suite 401
Albany, New York 12207
Telephone: (518) 736-2917
mmerola@hodgsonruss.com
hzomerfe@hodgsonruss.com
Via NYSCEF
To: Joel M. Howard, III, Esq.
Ryan B. Cross, Esq.
Couch White, LLP
Attorneys for Respondents
540 Broadway
P.O. Box 22222
Albany, New York 12201
(518) 320-3402
jhoward@couchwhite.com
rcross@couchwhite.com
2
099289.00000 Litigation 16413199v1
2 of 2
Document Filed Date
January 11, 2023
Case Filing Date
November 22, 2022
Category
Real Property - Other (Restore Possession)
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Preview
FILED: ALBANY COUNTY CLERK 01/11/2023 11:50 AM INDEX NO. 908830-22 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/11/2023 STATE OF NEW YORK SUPREME COURT : ALBANY COUNTY VANESSA MOSHER AND CITYMARK STRIPING LLC, Petitioners, v. Index No.: 908830-22 BRYANT LUIZZI and LUIZZI BROS. SEALCOATING & STRIPING LLC dba LUIZZI ASPHALT SERVICES, Respondents. NOTICE OF MOTION FOR A CONTINUANCE Nature of Action: Real Property Actions and Proceedings Law special proceeding. Moving Parties: Petitioners. Directed To: Respondents. Date and Time: January 23, 2023, at 9:30 a.m. Place: At a Special Term of the Supreme Court, County of Albany, 16 Eagle Street, Albany, New York 12207, before the Hon. Peter A. Lynch, J.S.C. Supporting Papers: Affirmation of Michelle L. Merola, Esq., dated January 11, 2023. Answering Papers: Pursuant to CPLR § 2214(b), answering papers, if any, are to be served two (2) days before the return date of this motion. Relief Requested: A continuance of the damages hearing scheduled for January 17, 2023, along with such other and further relief as this Court deems just and proper. Grounds for Relief: CPLR § 4402 and case law. Oral Argument: Unless otherwise directed by the Court, this motion shall be on submission only. No appearance is necessary or required. 1 of 2 FILED: ALBANY COUNTY CLERK 01/11/2023 11:50 AM INDEX NO. 908830-22 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/11/2023 Dated: January 11, 2023 Buffalo, New York HODGSON RUSS LLP Attorneys for Petitioners By: Michelle L. Merola, Esq. Henry A. Zomerfeld, Esq. 677 Broadway, Suite 401 Albany, New York 12207 Telephone: (518) 736-2917 mmerola@hodgsonruss.com hzomerfe@hodgsonruss.com Via NYSCEF To: Joel M. Howard, III, Esq. Ryan B. Cross, Esq. Couch White, LLP Attorneys for Respondents 540 Broadway P.O. Box 22222 Albany, New York 12201 (518) 320-3402 jhoward@couchwhite.com rcross@couchwhite.com 2 099289.00000 Litigation 16413199v1 2 of 2