Dist Council v.

WCC Notice of Motion for Summary Judgment

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEWYORK
NEW YORK CITY AND VICINITY
DISTRICT COUNCIL OF THE UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA,
Plaintiff,
- against -
THE ASSOCIATION OF WALL-
CEILING & CARPENTRY
INDUSTRIES OF NEW YORK, INC.,
Defendant.
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Index No. 14-cv-6091
NOTICE OF MOTION FOR SUMMARY
JUDGMENT
PLEASE TAKE NOTICE that upon the accompanying Local Rule 56.1 Statement of
Undisputed Material Facts, dated September 8, 2014, the accompanying Memorandum of Law,
the Declaration of Mark A. Rosen, Esq., dated September 8, 2014, and the exhibits annexed
thereto, the Order of this Court dated August 21, 2014, and all prior proceedings and filings had
herein, defendant, The Association of Wall-Ceiling & Carpentry Industries of New York, Inc.
(WCC), by its attorneys, McElroy, Deutsch, Mulvaney & Carpenter, LLP, will move this
Court before the Honorable Richard Berman, U.S.D.J., at a date and time to be set by the Court,
for an Order, pursuant to Federal Rule of Civil Procedure 56 confirming an Arbitration Award
dated July 22, 2014, and granting summary judgment as to liability on the defendants Second
Counterclaim together with attorneys fees and such other and further relief as the Court deems
just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to Local Rule 6.1(d) of the United
States District Courts for the Southern and Eastern Districts of New York, and the briefing
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Dist Council v. WCC Notice of Motion for Summary Judgment
2
schedule set by the Honorable Richard Berman, any opposing affidavits and memoranda of law
shall be served by September 22, 2014.
Dated: New York, New York
September 8, 2014
Respectfully submitted,
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Attorneys for Defendant
By: /s/ Mark A. Rosen
Mark A. Rosen
88 Pine Street, 24
th
Floor
New York, New York 10005
Phone: 212.483.9490
mrosen@mdmc-law.com
TO: Spivak Lipton, LLC
1700 Broadway
New York, New York 10019
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