FILED: NEW YORK COUNTY CLERK 01/16/2015 05:37 PM

NYSCEF DOC. NO. 56

INDEX NO. 152723/2014

RECEIVED NYSCEF: 01/16/2015

SUPREME COURT OF THE STATE OF NEV/ YORK

COUNTY OF NEV/ YO
X

NYC C.L.A.S.H., INC. and RUSSELL V/ISHTART,

Individually,
Plaintiffs,

DEFENDANTS'NOTICE OF
MOTION FOR SUMMARY
JUDGMENT

-against-

CITY OF NEV/ YORK, THE NEW YORK CITY

COLTNCIL and MELISSA MARK-VIVERITO, in her
official capacity as Speaker of THE NEW YORK CITY

Index No. 152723 12014

COLINCIL,
Defendants

PLEASE TAKE NOTICE that, upon the annexed Affrrmation of Sherrill

Kurland, Assistant Corporation Counsel, dated January 16,2015, the exhibits submitted
herewith, and the accompanying Memorandum of Law, and upon the Complaint, verified
March 25,2014, and the Answer, verified May 30,2015 and filed herein, the Defendants,

will move this Court in the Motion

Room I 30, New York,

NY

Submission Courtroom, located at 60 Centre Street,

10007, on the 27th day of February,2015 at 9:30 a.m. of that

day or as soon thereafter as counsel may be heard, for an order for an order pursuant to
Rule 3212 of the New York Civil Practice Law and Rules ("C,P.L.R,") granting summary

judgment in favor of the Defendants dismissing the Complaint, on the grounds that the
Complaint fails to state a cause of action as a matter of law; and for such further relief
the Court deems proper,

as

PLEASE TAKE FURTHER NOTICE that pursuant to the Stipulation

So-Ordered by the Hon. Frank Nervo on October 30,2014 in the instant case, answering
papers,

if any, are required to be served upon the undersigned

on or before February

20t5.

Dated

New York, New York

January 16,2015

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
Attorney for Defendants
100 Church Street, Room 5-167
New York, New York 10007
Phone: (212) 356-2605
Fax: (212) 356-2019
E-Mail : sherkurland@law,nyc, gov

By:

5
SHERRILL KURLAND
Senior Counsel

TO:

EDWARD A.P^LTZIK, ESQ.

JOSHPE LAV/ GROUP LLP
Attorneys for Plaintiffs
1040 Avenue of the Americas, Suite
New York, New York 10018

1l0l

Phone: (646)820-6701
Fax (212) 313-9478
E-Mail : epaltzikf@jo.shpl aw.com

9,

Index No.15272312014

SUPREME COURT FOR THE STATE OF NEW YORK

COLINTY OF NEW YORK

NYC C,L.A.S.H., INC. and RUSSELL WISHTART,

Individually,
Plaintiffs,
-against-

CITY OF NEW YORK, THE NEW YORK CITY

COUNCIL and MELISSA MARK-VIVERITO, in her

official capacity as Speaker of THE NEW YORK CITY
COLINCIL,
Defendants,

DEFENDANTS' NOTICE OF MOTION FOR

SUMMARY JUDGMENT

ZACHARY W, CARTER
Corporation Counsel of the City of New York
Att or ney for D efendant s

100 Church St., Room 5-167

New York, N.Y. 10007
Of Counsel: SHERRILL KURLAND
Tel: (212) 356-2605
LM No.2014-010967
Due and timely service is hereby admitted,

New York, N.Y. ,..,..,.,.

200
Esq

Attorney

for