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FILED: MONROE COUNTY CLERK 06/20/2023 11:40 AM
`NYSCEF DOC. NO. 25
`MONROE COUNTY CLERK’S OFFICE
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`RECEIVED NYSCEF: 06/20/2023
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
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`INDEX NO. E2022009350
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`Return To:
`ERICK DANIEL KRAEMER
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` CENTRAL PA EQUITIES 35 LLC
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` 2018 GATEWAY HOTEL LLC
` ALFRED D. SPAZIANO
` 2018 ALANTIC HOTEL LLC
` 3091 ECD, LLC
` OEAZH, LLC
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`Total Fees Paid:
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`Receipt # 3468883
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`Book Page CIVIL
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`No. Pages: 4
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`Instrument: AFFIRMATION IN OPPOSITION
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`Control #:
`Index #:
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`202306201580
`E2022009350
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`Date: 06/20/2023
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`Time: 3:58:07 PM
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`$0.00
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`Employee:
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`State of New York
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`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
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`MONROE COUNTY CLERK
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`1 of 4
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`202306201580
`FILED: MONROE COUNTY CLERK 06/20/2023 11:40 AM
`NYSCEF DOC. NO. 25
`
`Index # : E2022009350
`INDEX NO. E2022009350
`
`RECEIVED NYSCEF: 06/20/2023
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`STATE OF NEW YORK
`SUPREME COURT: MONROE COUNTY
`_______________________________________
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`CENTRAL PA EQUITIES 35 LLC,
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`Plaintiff,
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`v.
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`2018 GATEWAY HOTEL LLC,
`ALFRED D. SPAZIANO,
`2018 ALANTIC HOTEL LLC,
`3091 ECD, LLC,
`OEAZH, LLC,
`HEATHLAND HOLDINGS, LLC, and
`VP SUPPLY CORP.,
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`Defendants.
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`_______________________________________
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`Index No.: E2022009350
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`AFFIRMATION IN OPPOSITION
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`ERICK KRAEMER, an attorney duly admitted to practice law before the Courts of the
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`State of New York, affirms the following is true under penalties of perjury:
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`1.
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`I am associated with Colligan Law LLP, attorneys for Plaintiff Central PA
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`Equities 35 LLC (“Central” or “Plaintiff”) in the above-captioned matter. As such, I am fully
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`familiar with the facts and circumstances of this litigation including the file materials maintained
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`in this office. I submit this Affirmation in Opposition to Defendants 2018 Gateway Hotel LLC
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`(“Gateway”), Alfred D. Spaziano (“Spaziano”), and 2018 Alantic Hotel LLC (“Alantic” and
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`collectively “Defendants”).
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`2.
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`As set forth in more detail in the accompanying memorandum of law, I
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`respectfully submit that Plaintiff’s Complaint (attached hereto as Exhibit 1) is sufficiently
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`detailed regarding the facts and circumstances that give rise to the causes of action asserted
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`against Defendants and for the sake of brevity, Plaintiff seeks to incorporate the Complaint
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`herein by reference.
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`2 of 4
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`202306201580
`FILED: MONROE COUNTY CLERK 06/20/2023 11:40 AM
`NYSCEF DOC. NO. 25
`
`Index #: E2022009350
`INDEX NO. E2022009350
`
`RECEIVED NYSCEF: 06/20/2023
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`3.
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`Plaintiff’s specific claims, which must be given every favorable inference in this
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`context are sufficient, as set forth herein, in the annexed Exhibit and the accompanying
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`Memorandum of Law.
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`CONCLUSION
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`4.
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`This is a notice pleading and Plaintiff is entitled to the benefits of the discovery
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`process before being compelled to prove its case—at this stage Plaintiff must simply allege the
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`causes of action—which the Plaintiff has undoubtedly done.
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`5.
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`In the event the Court does dismiss any of Plaintiff’s causes of action, the same
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`should be done without prejudice and with an opportunity to replead.
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`DATED:
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`Buffalo, New York
`June 17, 2023
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`/s/ Erick D. Kraemer
`Erick D. Kraemer, Esq.
`Colligan Law LLP
`Attorneys for Plaintiff
`12 Fountain Plaza, Suite 600
`Buffalo, New York 14202
`716.885.1150
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`3 of 4
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`202306201580
`FILED: MONROE COUNTY CLERK 06/20/2023 11:40 AM
`NYSCEF DOC. NO. 25
`
`Index #: E2022009350
`INDEX NO. E2022009350
`
`RECEIVED NYSCEF: 06/20/2023
`
`Buffalo, New York
`June 17, 2023
`
`WORD COUNT SPECIFICATION CERTIFICATION
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`I hereby certify that this affidavit complies with the word count limited pursuant to 22 NYCRR §
`202.8 because it contains 253 words, excluding parts exempted by the regulation.
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`DATED:
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`COLLIGAN LAW LLP
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`By:
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`
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`/s/ Erick D. Kraemer
`Erick D. Kraemer, Esq.
`Attorneys for Plaintiff
`12 Fountain Plaza, Suite 600
`Buffalo, New York 14202
`716.885.1150
`
`4 of 4
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`

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