SUPREME COURT OF THE STATE OF NEW YORK EBRAHIM ABOOD, NOTICE OF MOTION -against - Plaintiff, MOHSEN ALI, and ABDULLA AHMED, Index No: 156019/16 Defendants. Upon the affirmation of James Hoffmaier, affirmed on February 14, 2018, and upon the exhibits attached thereto, the Plaintiff will move this court in Room 130 at the Courthouse located at 60 Centre Street, New York, New York, on March 8, 2018 at 9:30 a.m., for an Order and Judgment pursuant to CPLR 5003-a against MOHSEN ALI, ABDULLA AHMED, and Global Liberty Insurance Co of NY, and for any such Order that the court deems just. The above-entitled action is for negligence. Dated: New York, New York February 14, 2018 Yours, etc. James Hoffma' HoffmaidÚÉsq. Hoffmaier & Hoffmaier, P.C. Attorney for Plaintiff 30 Avenue B New York, New York, 10009 (212) 777-9400 TO: LAW OFFICE OF CHRISTOPHER ZACHRY 1 1 of 6
Attorneys for Defendants 68 South Service Road, Suite 450 Attn: Christopher Zachry, Esq. Global Liberty Insurance Co of NY 68 South Service Road, #450 Attn: Justina Ahern 2 2 of 6
SUPREME COURT OF THE STATE OF NEW YORK EBRAHIM ABOOD, Plaintiff, AFFIRMATION IN SUPPORT -against - OF MOTION Index No: 156019/16 MOHSEN ALI, and ABDULLA AHMED, STATE OF NEW YORK ) Defendants. ) SS: James Hoffmaier, an attorney admitted to practice law in the Courts of the State of New York, hereby affirms the following under penalty of perjury: 1. I am the attorney of record for the Plaintiff EBRAHIM ABOOD in the captioned matter. I make this affirmation in support of this motion pursuant to CPLR 5003-a against MOHSEN ALI, ABDULLA AHMED, and Global Liberty Insurance Co of NY. 2. This case was brought to a close by Arbitrator Joseph Ehrlich's Arbitration Decision dated December 19, 2017 for $21,000. (Exhibit A.) Plaintiff is an adult and judicial approval was not required pursuant to CPLR 5003-a (d). CPLR 5003-a (b) and (c) are not applicable as Defendants are not a State or municipality. 3. The General Release and Stipulation of Discontinuance were tendered by certified mail return receipt requested to Global Liberty Insurance Co of NY on January 23, 2018. (Exhibit B.) To date, no settlement check has been issued. 3 3 of 6
4. Pursuant to CPLR 5003-a, I respectfully request this honorable Court to issue a Judgment and Order against Defendants and Global Liberty Insurance Co of NY for $21,000. Pursuant to CPLR 5003-a, I respectfully request this honorable Court to calculate costs, legal disbursements and interest from January 23, 2018, and to issue a Judgment and Order against Defendants and Global Liberty Insurance Co of NY for that amount also. 5. No prior application for this relief has been made. 6. WHEREFORE, this motion should be granted in all respects. Dated: New York, New York February 14, 2018 Yours, etc. a.~ mes Hoffmaier Hoffmaier & Hoffmaier, P.C. Attorney at Law 13 Avenue B, 1st Floor New York, New York, 10009 (212) 777-9400 TO: LAW OFFICE OF CHRISTOPHER ZACHRY Attorneys for Defendants 68 South Service Road, Suite 450 Attn: Christopher Zachry, Esq. Global Liberty Insurance Co of NY 68 South Service Road, #450 Attn: Justina Ahern 4 4 of 6
STATE OF NEW YORK SS: I, the undersigned, an attorney duly admitted to practice law in the State of New York, hereby affirms to following to be true under penalty of perjury. On February 14, 2018, I served the within Notice of Motion and Affirmation of James Hoffmaier in Support of Motion with Exhibits by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: LAW OFFICE OF CHRISTOPHER ZACHRY Attorneys for Defendants 68 South Service Road, Suite 450 Attn: Christopher Zachry, Esq. Global Liberty Insurance Co of NY 68 South Service Road, 0450 Attn: Justina Ahern February 14, 2018 mes Hoffmaier, sd. 5 5 of 6
.:.' FILED: IndexNEW No. YORK COUNTY CLERK Year 20 02/14/2018 09:34 AM INDEX NO. 156019/2016 SUPREME COURT OF THE STATE OF NEW YORK EBRAHIM -against- ABOOD, Plainti f f, MOHSEN ALI, and ABDULLA AHMED, De f endant s. NOTICE OF MOTION, AFFIRMATION IN SUPPORT and EXHIBITS Attorney for Hoffmaier SerHoffmaier, P.C. Law Offices 13 Avenue B, 1st Floor New York, New York 10009 (212) 777-9400, (917) 650-0678 Fax (212) 777-9404 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtaine 'n vi l ion of 22 NYCRR 1200.41-a. Dated:...Â. g.-...é...c... / (-.f.ý o/p signature......f.. Yc...... Print Signer's Name... Ê.... P~.. ++~+in~.ê..... Service of a copy of the withsn is hereby admitted. Dated: PLEASE TAKE NOTICE... Attorney(s) for..._ that the within is a (certified) true copy of a NOTICEOF entered in the office of the clerk of the within-named Court on 20 ENTRY that an Order of which the within is a true copy will be presented for settlement to the NOTICEOF Hon., one of the judges of the within-named Court, SETTLEMENT at on 20, at M. Dated: Attorney for Hoffmaier & Hoffmaier, P.C. Law Offices To. 13 Avenue B, 1st Floor d ttnemanil c1 fnn 6 of 6 New York, New York 10009