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FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X Index Number: 820026/2023E
CAROLE S. ZUCKERMAN,
Plaintiff, NOTICE OF MOTION
-against-
THAU MY ZONGO, LUX CREDIT CONSULTANTS
LLC, LYFT INC., UBER USA LLC, and UBER
TECHNOLOGIES, INC.,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Erin N. Mackin, Esq.
dated May 1, 2024, the exhibits annexed thereto, and upon all of the pleadings and proceedings
heretofore had herein, the undersigned, on behalf of Defendants, UBER TECHNOLOGIES, INC.,
UBER USA, LLC (hereinafter collectively “Uber”), will move this Court at the Supreme Court of
the State of New York, County of Bronx, at 851 Grand Concourse, Bronx, NY 10451 in the Motion
Support Office, on June 6, 2024, or as soon thereafter as counsel can be heard, for an Order
pursuant to:
(1) CPLR §3211(a)(1) and (7) granting dismissal in favor of UBER
TECHNOLOGIES, INC. and UBER USA, LLC, dismissing Plaintiff’s
Complaint and all Cross-Claims against UBER TECHNOLOGIES, INC. and
UBER USA, LLC in their entirety and with prejudice; and
(2) For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §2214(b), answering
affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return
date of this Motion.
Dated: New York, New York
May 1, 2024
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FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/01/2024
Yours, etc.,
GERBER CIANO KELLY BRADY LLP
Erin Mackin
_____________________________
By: Erin N. Mackin, Esq.
Attorneys for Defendants
PO Box 1060
Buffalo, New York 14201
Tel.: (516) 738-4602
emackin@gerberciano.com
GCKB File No.: 1717.0085
2
2 of 2
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FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X Index Number: 820026/2023E CAROLE S. ZUCKERMAN, Plaintiff, NOTICE OF MOTION -against- THAU MY ZONGO, LUX CREDIT CONSULTANTS LLC, LYFT INC., UBER USA LLC, and UBER TECHNOLOGIES, INC., Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of Erin N. Mackin, Esq. dated May 1, 2024, the exhibits annexed thereto, and upon all of the pleadings and proceedings heretofore had herein, the undersigned, on behalf of Defendants, UBER TECHNOLOGIES, INC., UBER USA, LLC (hereinafter collectively “Uber”), will move this Court at the Supreme Court of the State of New York, County of Bronx, at 851 Grand Concourse, Bronx, NY 10451 in the Motion Support Office, on June 6, 2024, or as soon thereafter as counsel can be heard, for an Order pursuant to: (1) CPLR §3211(a)(1) and (7) granting dismissal in favor of UBER TECHNOLOGIES, INC. and UBER USA, LLC, dismissing Plaintiff’s Complaint and all Cross-Claims against UBER TECHNOLOGIES, INC. and UBER USA, LLC in their entirety and with prejudice; and (2) For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §2214(b), answering affidavits, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this Motion. Dated: New York, New York May 1, 2024 1 of 2 FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/01/2024 Yours, etc., GERBER CIANO KELLY BRADY LLP Erin Mackin _____________________________ By: Erin N. Mackin, Esq. Attorneys for Defendants PO Box 1060 Buffalo, New York 14201 Tel.: (516) 738-4602 emackin@gerberciano.com GCKB File No.: 1717.0085 2 2 of 2