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2017 Carolina Gildred V Michael Foster NOTICE of MOTION 15
2017 Carolina Gildred V Michael Foster NOTICE of MOTION 15
153554/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2017
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CAROLINA GILDRED, an individual, :
INDEX No. 153554/2017
Plaintiff, : Hon. Gerald Lebovits
vs. :
CORRECTED NOTICE OF MOTION TO
MICHAEL D. FOSTER (aka DARREN M. : DISMISS VERIFIED ANSWER,
FOSTER, an individual, AFFIRMATIVE DEFENSES AND
: COUNTERCLAIMS; MOTION TO
Defendant. DISMISS COUNTERCLAIMS; AND, IN
THE ALTERNATIVE, MOTION TO
CORRECT PLEADINGS
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PLEASE TAKE NOTICE, that on June 27, 2017 at 9:30 a.m. at the Motion Submission
Part at 60 Centre Street, Room 130, New York, NY 10007, Plaintiff in the above-captioned matter
will and hereby does move the Court to dismiss Defendant’s amended “Verified Answer,
I. The entire pleading should be dismissed for failure to comply with CPLR 3014 which
requires "plain and concise statements," and that each paragraph be “consecutively
II. The entire pleading should be dismissed for failure to comply with CPLR 3013, which
requires "[s]tatements . . . be sufficiently particular to give the court and parties notice
III. The entire pleading should be dismissed pursuant to CPLR 2101(a) for failure of
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FILED: NEW YORK COUNTY CLERK 06/09/2017 01:16 PM INDEX NO. 153554/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2017
IV. All of the counterclaims should be dismissed pursuant to C.P.L.R. 3211(a)(7) because
Alternatively, if the Court denies the motion to dismiss, Plaintiff moves this Court for a
Affirmative Defenses and Counterclaims is “so vague or ambiguous that [Plaintiff] cannot
Defenses and Counterclaims is not accompanied by the affidavit required pursuant to CPLR 3021,
is not a “verified” pleading within the meaning of the CPLR, and should not be construed as such,
This motion is based upon this Notice of Motion, the accompanying Memorandum of Law, the
Affirmation of Seth A. Rafkin and exhibits thereto, and upon all the prior pleadings and proceedings
in this action.
The return date requested on the Motion is June 27, 2017 at 9:30 a.m. Pursuant to CPLR
2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven
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FILED: NEW YORK COUNTY CLERK 06/09/2017 01:16 PM INDEX NO. 153554/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/12/2017
By:
Seth A. Rafkin
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