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Catalano v. L.H. Pelican Props. LLC

Jurisdictional Decision Deferred Until Service of Complaint Setting Basis for Jurisdiction

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion: Papers Numbered Notice of Motion and Affidavits /Affirmations annexed   1 Answering Affidavits/ Affirmations    2 Reply Affidavits/ Affirmations            3 Decision / Order Upon the foregoing cited papers, defendants’ motion to dismiss this action is denied without prejudice for the reasons set forth below: On February 23, 2021, plaintiff, an attorney proceeding pro se, commenced this action by summons with notice alleging, in relevant part, that: The nature of this action is fraudulent inducement to cause an agent of plaintiff to cause repairs to plaintiff’s residence, and/or breach of contract, for failing to reimburse plaintiff for the cost defendants caused plaintiff to incur. The relief sought is $5,000.00 for compensatory and punitive damages for fraud, together with attorney’s fees, costs and interest…Plaintiff designates New York as the place of trial. The basis of this designation is Plaintiff’s residence stemming from the breach of contract. In his affirmation in opposition to the instant motion, plaintiff attests that he owns an apartment in 1342 Pelican Watch Villas, Seabrook Island, South Carolina and that the apartment was damaged by water leaking from the apartment above owned by defendant Ronald Lanio (Catalano Affirm., 6). Plaintiff further alleges that Lanio assured plaintiff’s property manager, Ann Brasco, that he would reimburse the cost of repairs to fix this damage, that plaintiff paid for repairs based on this assurance, and that Lanio has failed to reimburse these costs (Catalano Affirm.,

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