Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed documents, AFFIRMATION IN OPPOSITION, are not frivolous.
Amy L. Pludwin, an attorney duly admitted to practice law before the Courts of New York State, hereby affirms under the penalties of perjury pursuant to CPLR 2106.
Corp., 133 A.D.2d 816, 520 N.Y.S.2d 397), ‘[l]eave to renew should be denied unless the moving party offers a reasonable excuse as to why the additional facts were not submitted on the original application’ (Matter of Shapiro v. State of New York, supra, at 754, 687 N.Y.S.2d 401).
Assuming arguendo that the Court determines that Plaintiff has satisfied either his burden granting him leave to re-argue or to renew, then upon either re-argument or renewal, it is respectfully submitted that Plaintiff’s motion which seeks summary judgement as against Hudson be denied in its entirety as Hudson did not own, operate, manage, maintain, supervise, direct, inspect, control or make special use of the building located at 131 Warburton Avenue, Yonkers, NY where Plaintiff alleges his accident occurred.
Park, Hudson View Associates LLC did not own, operate, manage, maintain, supervise, direct, inspect, control or make special use of the building located at 131 Warburton Avenue, Yonkers, NY on August 13, 2018, (the date when Plaintiff alleges his accident occurred.)