Dist Council v. WCC Notice of Motion for Summary Judgment

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK

NEW YORK CITY AND VICINITYDISTRICT COUNCIL OF THE UNITEDBROTHERHOOD OF CARPENTERSAND JOINERS OF AMERICA,

Plaintiff,

- against -

THE ASSOCIATION OF WALL-CEILING & CARPENTRYINDUSTRIES OF NEW YORK, INC.,

Defendant.

:::::::::::::::

Index No. 14-cv-6091

NOTICE OF MOTION FOR SUMMARYJUDGMENT

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

Case 1:14-cv-06091-RMB Document 13 Filed 09/11/14 Page 1 of 2

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 YorkSeptember 8, 2014

Respectfully submitted,

McElroy, Deutsch, Mulvaney & Carpenter, LLPAttorneys for Defendant

By: /s/ Mark A. RosenMark A. Rosen88 Pine Street, 24th FloorNew York, New York 10005Phone: 212.483.9490mrosen@mdmc-law.com

TO: Spivak Lipton, LLC1700 BroadwayNew York, New York 10019

Case 1:14-cv-06091-RMB Document 13 Filed 09/11/14 Page 2 of 2