On March 09, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Richard T Gonpo,
and
Lolita Chaitram,
Soniya Chaitram,
for Torts - Motor Vehicle
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019
File No.: 910-7188 DMA:vy
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
__________ __ __ ------------------------------X
RICHARD T. GONPO, Index No,: 703673/2018
Plaintiff,
N_OTICE OF MOTION
-against- Ret: 2020
January 20,
SONIYA CHAITRAM and LOLITA CHAITRAM, Hon. Pam Jaclanan-Brown
Defendants.
_______ . . ---------------------X
S I R S:
MOTION BY: MULHOLLAND MINION DAVEY
McNIFF & BEYRER
Attorneys for Defendant
SONIYA CHAITRAM
and LOLITA CHAITRAM
DATE, TIME & PLACE At the Centralized Motion Part, Courtroom
OF HEARING: 44A, at the Supreme Court, County of
Queens, located at 88-11 Sutphin Boulevard,
2001
Jamaica, New York, on the day of
January, 2020, at 9:30 a.m.
SUPPORTING PAPERS: Affirmation of Dina M. Awad, Esq. dated
23"l
the day of December, 2019, Affirmation
of Good Faith together with exhibits annexed
thereto.
RELIEF DEMANDED: An Order of the Court:
a. Striking the plaintiff s pleadings for
failure to provide outstanding discovery
pursuant to CPLR §3126, or
b. In thealternative, an order pursuant to
22 NYCRR §202.21(e), vacating the
Plaintiff's Note of Issue and Certificate of
Readiness and striking the case from the
trial calendar on the grounds that all
.
1 of 3
FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019
discovery is not yet complete, and
consequently, this matter is not ready for
trial;OR
c. Should this Honorable Court decide not
to vacate the Note of Issue, and allow this
case to remain on the trialcalendar,
despite the litany of outstanding
discovery, an order directing the Plaintiff
to provide any and alloutstanding
discovery to date and Plaintiff's
appearance for an Independent Medical
Examination, by date certain pursuant to
CPLR§§ 3124 and 3126 or else be
precluded at the time of trial;AND
d. Compelling the plaintiff to provide
discovery by a date certain pursuant to
CPLR §3124 or face a self-executing
order which would serve to preclude the
Plaintiff from providing or introducing
evidence at trial which would be used
against the Defendants, AND
e. Extending time to file dispositive
motions; AND
f. Together with such other and further
relief as this Court deems just, proper and
equitable.
ANSWERING PAPERS, IF ANY: Are to be served no later than seven (7) days
prior to the return date of the motion
pursuant CPLR §2214(b).
Dated: Williston Park, New York
December 23, 2019
Yours, etc.,
MULHOIqLAND MINION DAVEY
'
McNIFF BEY
By: D M. WAI
Attorne s or Defendants
SONI A CHAITRAM
2 of 3
FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019
and LOLITA CHAITRAM
374 Hillside Avenue
Williston Park, New York 11596
(516) 248-1200
TO: LAW OFFICES OF MARIUS C. WESSER, P.C.
Attorney for Plainttff
140 Broadway, Suite 4614
New York, New York 10005
(646) 736-1940
3 of 3
Document Filed Date
December 23, 2019
Case Filing Date
March 09, 2018
Category
Torts - Motor Vehicle
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Preview
FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019 File No.: 910-7188 DMA:vy SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS __________ __ __ ------------------------------X RICHARD T. GONPO, Index No,: 703673/2018 Plaintiff, N_OTICE OF MOTION -against- Ret: 2020 January 20, SONIYA CHAITRAM and LOLITA CHAITRAM, Hon. Pam Jaclanan-Brown Defendants. _______ . . ---------------------X S I R S: MOTION BY: MULHOLLAND MINION DAVEY McNIFF & BEYRER Attorneys for Defendant SONIYA CHAITRAM and LOLITA CHAITRAM DATE, TIME & PLACE At the Centralized Motion Part, Courtroom OF HEARING: 44A, at the Supreme Court, County of Queens, located at 88-11 Sutphin Boulevard, 2001 Jamaica, New York, on the day of January, 2020, at 9:30 a.m. SUPPORTING PAPERS: Affirmation of Dina M. Awad, Esq. dated 23"l the day of December, 2019, Affirmation of Good Faith together with exhibits annexed thereto. RELIEF DEMANDED: An Order of the Court: a. Striking the plaintiff s pleadings for failure to provide outstanding discovery pursuant to CPLR §3126, or b. In thealternative, an order pursuant to 22 NYCRR §202.21(e), vacating the Plaintiff's Note of Issue and Certificate of Readiness and striking the case from the trial calendar on the grounds that all . 1 of 3 FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019 discovery is not yet complete, and consequently, this matter is not ready for trial;OR c. Should this Honorable Court decide not to vacate the Note of Issue, and allow this case to remain on the trialcalendar, despite the litany of outstanding discovery, an order directing the Plaintiff to provide any and alloutstanding discovery to date and Plaintiff's appearance for an Independent Medical Examination, by date certain pursuant to CPLR§§ 3124 and 3126 or else be precluded at the time of trial;AND d. Compelling the plaintiff to provide discovery by a date certain pursuant to CPLR §3124 or face a self-executing order which would serve to preclude the Plaintiff from providing or introducing evidence at trial which would be used against the Defendants, AND e. Extending time to file dispositive motions; AND f. Together with such other and further relief as this Court deems just, proper and equitable. ANSWERING PAPERS, IF ANY: Are to be served no later than seven (7) days prior to the return date of the motion pursuant CPLR §2214(b). Dated: Williston Park, New York December 23, 2019 Yours, etc., MULHOIqLAND MINION DAVEY ' McNIFF BEY By: D M. WAI Attorne s or Defendants SONI A CHAITRAM 2 of 3 FILED: QUEENS COUNTY CLERK 12/23/2019 04:56 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/23/2019 and LOLITA CHAITRAM 374 Hillside Avenue Williston Park, New York 11596 (516) 248-1200 TO: LAW OFFICES OF MARIUS C. WESSER, P.C. Attorney for Plainttff 140 Broadway, Suite 4614 New York, New York 10005 (646) 736-1940 3 of 3