On February 10, 2017 a
Motion-Secondary
was filed
involving a dispute between
Capacity Group Of Ny Llc,
and
Christopher Duni,
Michael A. Duni,
for Torts - Other (Trespass)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 04/15/2019 01:32 PM INDEX NO. 601202/2017
NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 04/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
CAPACITY GROUP OF NY LLC, Index No. 601202/2017
Plaintiff, Mot. Seq. No. 11
-against-
AFFIRMATION OF GARY M.
| FELLNER, ESQ. IN OPPOSITION
DEFENDANTS'
MICHAEL A. DUNI and CHRISTOPHER DUNI, TO MOTION TO
| OUASH
Defendants.
MICHAEL A. DUNI AND CHRISTOPHER DUNI, |
Third-Party Plaintiffs,
-against-
EDGEWOOD PARTNERS INSURANCE CENTER,
INC. d/b/a EPIC INSURANCE BROKERS &
CONSULTANTS,
Dafandant
Third-Party
GARY M. FELLNER, ESQ., an attorney duly s±±d to practice law in the State of
New York, hereby affirms the following to be true under penalty of perjury:
1. I am a principal of the law firm Porzio, Bromberg & Neim;an, P.C., attorneys for
Plaintiff
Capacity Group of NY LLC ("CGNY"). As such, I have personal knowledge of the
matters set forth herein.
2. I submit this affirmation on behalf of Plaintiff in opposition to Defendante
Michael A. Duni and Christopher Duni's motion to quash subpoenas served in this action.
3. For purposes of this motion, a true copy of Christopher Duni's affidavit, sworn to
submiha Defendants'
on which was in support of earlier matian to quash
Febrütumf 10, 2019,
related to different non-party subpoêñas served by CGNY, is annexed hereto as Ex. 1.
4182223
1 of 2
FILED: NASSAU COUNTY CLERK 04/15/2019 01:32 PM INDEX NO. 601202/2017
NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 04/15/2019
WHEREFORE, for all of the reasons set forth in the accompanying Memorandum of
Defendants'
Law and Affidavit of Robert Salem, motion to quash the subpoenas should be
denied, together with such other and further relief as the Court deems just and proper.
Dated: New York, New York
April 15, 2019
s/Gary M. Fellner
GARY M. FELLNER
4182223 2
2 of 2
Document Filed Date
April 15, 2019
Case Filing Date
February 10, 2017
Category
Torts - Other (Trespass)
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FILED: NASSAU COUNTY CLERK 04/15/2019 01:32 PM INDEX NO. 601202/2017 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 04/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CAPACITY GROUP OF NY LLC, Index No. 601202/2017 Plaintiff, Mot. Seq. No. 11 -against- AFFIRMATION OF GARY M. | FELLNER, ESQ. IN OPPOSITION DEFENDANTS' MICHAEL A. DUNI and CHRISTOPHER DUNI, TO MOTION TO | OUASH Defendants. MICHAEL A. DUNI AND CHRISTOPHER DUNI, | Third-Party Plaintiffs, -against- EDGEWOOD PARTNERS INSURANCE CENTER, INC. d/b/a EPIC INSURANCE BROKERS & CONSULTANTS, Dafandant Third-Party GARY M. FELLNER, ESQ., an attorney duly s±±d to practice law in the State of New York, hereby affirms the following to be true under penalty of perjury: 1. I am a principal of the law firm Porzio, Bromberg & Neim;an, P.C., attorneys for Plaintiff Capacity Group of NY LLC ("CGNY"). As such, I have personal knowledge of the matters set forth herein. 2. I submit this affirmation on behalf of Plaintiff in opposition to Defendante Michael A. Duni and Christopher Duni's motion to quash subpoenas served in this action. 3. For purposes of this motion, a true copy of Christopher Duni's affidavit, sworn to submiha Defendants' on which was in support of earlier matian to quash Febrütumf 10, 2019, related to different non-party subpoêñas served by CGNY, is annexed hereto as Ex. 1. 4182223 1 of 2 FILED: NASSAU COUNTY CLERK 04/15/2019 01:32 PM INDEX NO. 601202/2017 NYSCEF DOC. NO. 310 RECEIVED NYSCEF: 04/15/2019 WHEREFORE, for all of the reasons set forth in the accompanying Memorandum of Defendants' Law and Affidavit of Robert Salem, motion to quash the subpoenas should be denied, together with such other and further relief as the Court deems just and proper. Dated: New York, New York April 15, 2019 s/Gary M. Fellner GARY M. FELLNER 4182223 2 2 of 2