On March 12, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Gloria Kirkland,
and
City Of New York,
Metropolitan Transportation Authority,
Metropolitan Transportation Authority Capital Construction Company,
Mta Bridges And Tunnels,
New York City Department Of Design And Construction,
New York City Department Of Sanitation,
New York City Department Of Transportation,
New York City Transit Authority,
for Torts - Other (slip & fall)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
GLORIA KIRKLAND, Index No.: 152189/2018
Plaintiff, AMENDED & RESTATED
MOTION TO DISMISS
COMPLAINT
-against-
CITY OF NEW YORK, NEW YORK CITY TRANSIT
AUTHORITY, NEW YORK CITY DEPARTMENT OF
SANITATION, NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, NEW YORK CITY DEPARTMENT OF
DESIGN AND CONSTRUCTION, METROPOLITAN
TRANSPORTATION AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY CAPITAL
CONSTRUCTION COMPANY and MTA BRIDGES AND
TUNNELS,
Defendant(s). Name of Assigned Judge:
MOTION MADE BY: ROACH BERNARD, PLLC
175 North Central Avenue, Suite 200
Valley Stream, NY 11580
Tel: (516) 568-7700
Fax: (516) 568-7699
Attorneys for Defendant:
TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY s/i/h/a MTA BRIDGES AND
TUNNELS
RETURN DATE AND TIME: June 1, 2018 at 9:30 A.M., or as soon
thereaAer as counsel can be heard.
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FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018
PLACE: SUPREME COURT, COUNTY OF NEW
YORK, located at 60 Centre Street, New
York, New York 10007, Motion Submission
Part Courtroom (Rooml30).
SUPPORTING PAPERS: Affirmation of SEIDIA BERNARD, ESQ.,
dated, May 16, 2018, and the Exhibits
annexed thereto.
RELIEF REQUESTED: An Order
pursuant to N.Y. C.P.L.R. 321l(a)(7),
dismissing the complaint as against
TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY s/i/h/a MTA BRIDGES AND
TUNNELS and such other and further relief
as this Court may deem just and proper
together with the costs of this motion.
ANSWERING PAPERS: All answering papers, if any, are to be served
within 7 days of the return date of this
motion, pursuant to N.Y. C.P.L.R. 2214(b)
(CONSOL. 2014).
[Intentionally LeA Blank; Signature Page Follows]
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FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018
Dated: May 16, 2018
Valley Stream, New York
Respectfully submitted,
ROACH BERNARD, PLLC
By
Seidia R. Bernard, Partner
ROACH BERNARD, PLLC
175 North Central Avenue, Suite 200
Valley Stream, NY 11580
Tel: (516) 568-7700
Fax: (516) 568-7699
Attorney for Defendant:
TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY s/i/h/a MTA BRIDGES AND
TUNNELS
To: SALENGER, SACK, KIMMEL & BAVARO, LLP
Attorneys for Plaintiff
180 Froehlich Farm Boulevard
Woodbury, New York 11797
Tel : (516) 677-0100
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY, and
METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL
CONSTRUCTION COMPANY
Attorneys for Above-Defendants
LAWRENCE HEISLER
Attn. :Matthew Finkel, Esq.
130 Livingston Street-11th Floor
Brooklyn, NY 11201
(718) 694-3878
CITY OF NEW YORK,
NEW YORK CITY DEPARTMENT OF SANITATION,
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FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018
NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and
NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION
C/O Corporation Counsel
100 Church Street, 5th Floor
New York, NY 10007
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FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GLORIA KIRKLAND, Index No.: 152189/2018 Plaintiff, AMENDED & RESTATED MOTION TO DISMISS COMPLAINT -against- CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY and MTA BRIDGES AND TUNNELS, Defendant(s). Name of Assigned Judge: MOTION MADE BY: ROACH BERNARD, PLLC 175 North Central Avenue, Suite 200 Valley Stream, NY 11580 Tel: (516) 568-7700 Fax: (516) 568-7699 Attorneys for Defendant: TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY s/i/h/a MTA BRIDGES AND TUNNELS RETURN DATE AND TIME: June 1, 2018 at 9:30 A.M., or as soon thereaAer as counsel can be heard. 1 of 4 FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018 PLACE: SUPREME COURT, COUNTY OF NEW YORK, located at 60 Centre Street, New York, New York 10007, Motion Submission Part Courtroom (Rooml30). SUPPORTING PAPERS: Affirmation of SEIDIA BERNARD, ESQ., dated, May 16, 2018, and the Exhibits annexed thereto. RELIEF REQUESTED: An Order pursuant to N.Y. C.P.L.R. 321l(a)(7), dismissing the complaint as against TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY s/i/h/a MTA BRIDGES AND TUNNELS and such other and further relief as this Court may deem just and proper together with the costs of this motion. ANSWERING PAPERS: All answering papers, if any, are to be served within 7 days of the return date of this motion, pursuant to N.Y. C.P.L.R. 2214(b) (CONSOL. 2014). [Intentionally LeA Blank; Signature Page Follows] 2 of 4 FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018 Dated: May 16, 2018 Valley Stream, New York Respectfully submitted, ROACH BERNARD, PLLC By Seidia R. Bernard, Partner ROACH BERNARD, PLLC 175 North Central Avenue, Suite 200 Valley Stream, NY 11580 Tel: (516) 568-7700 Fax: (516) 568-7699 Attorney for Defendant: TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY s/i/h/a MTA BRIDGES AND TUNNELS To: SALENGER, SACK, KIMMEL & BAVARO, LLP Attorneys for Plaintiff 180 Froehlich Farm Boulevard Woodbury, New York 11797 Tel : (516) 677-0100 NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY Attorneys for Above-Defendants LAWRENCE HEISLER Attn. :Matthew Finkel, Esq. 130 Livingston Street-11th Floor Brooklyn, NY 11201 (718) 694-3878 CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, 3 of 4 FILED: NEW YORK COUNTY CLERK 05/17/2018 07:55 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/17/2018 NEW YORK CITY DEPARTMENT OF TRANSPORTATION, and NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION C/O Corporation Counsel 100 Church Street, 5th Floor New York, NY 10007 4 of 4