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CONFORTI v. COUNTY OF NASSAU

600858/13.

2013 NY Slip Op 51993(U)

CHARLES CONFORTI, SR., and JANET CONFORTI, Plaintiff, v. COUNTY OF NASSAU, COUNTY OF NASSAU, DEPARTMENT OF PUBLIC WORKS, NEW YORK ISLANDERS HOCKEY CLUB, L.P., SMG, SMG FACILITY MANAGEMENT CORPORATION, ARAMARK CORPORATION, SAVOR, and SMG FOOD AND BEVERAGE LLC, Defendants.

Supreme Court, Nassau County.

Decided November 26, 2013.

Attorney(s) appearing for the Case

Dell & Dean, PLLC, 1325 Franklin Avenue, Ste. 100, Garden City, NY 11530, Attorney for Plaintiff.

Robert A. Spolzino, Esq. , Wlison, Elser, Moskowitz, Edelman & Dicker, LLP, 666 Old Country Road, Ste. 510, Garden City, NY 11530, Attorney for Defendant County of Nassau and County of Nassau Dept. Of Public Works.

John P. McEntee, Esq. , Kathryn C. Cole, Esq. , Farrell Fritz, P.C., 1320 RXR Plaza Uniondale, NY 11556, Attorney for Defendants New York Islanders Hockey Club, L.P.

Joseph Salvo, Esq. , Adam S. Furmansky, Esq. , Gordon & Rees, LLP, 90 Broad Street, 23rd Fl., New York, NY 10004, Attorney for Defendants SMG Facility Management Corporation, Savor, SMG, SMG Food and Beveral LLC.

Richard Fama, Esq. , Cozen O'Connor, 45 Broadway, New York, NY 10006, Attorneys for Defendant ARAMARK Corporation.

DANIEL R. PALMIERI, J.

This motion by the defendant New York Islanders Hockey Club, L.P. ("Islanders") for an order pursuant to CPLR 3211 (a)(1), (5) and (7) dismissing the complaint against it on the grounds that the all claims are time barred, that documentary evidence provides a complete defense, and that the complaint fails to state a claim upon which relief can be granted, is granted in part and denied in part, as provided herein. The cross motion by defendant...

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