Motion-Secondary: Miriam Galeano Vegara v. Little Richie Bus Co, Little Richie Bus Service Inc, Adolfo V. Beltre

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                                FILED:         QUEENS        COUNTY         CLERK        06/04/2018             01:58       PM                      INDEX    NO.   703599/2018
   NYSCEF     DOC.   NO.   11                                                                                 RECEIVED      NYSCEF:     06/04/2018



                    SUPREME       COURT      OF   THE   STATE     OF   NEW    YORK
                    COUNTY       OF   QUEENS
                    --------------------------------------------------------------------X
                    MIRIAM      GALEANO        VERGARA,
                                                                                                     Index  No.:  703599/18

                                                            Plaintiff,


                             -against-

                                                                                             AFFIRMATION            IN  SUPPORT

                    LITTLE    RICHIE     BUS    CO.,  LITTLE     RICHIE     BUS
                    SERVICE      INC.  and  ADOLFO       V.  BELTRE,


                                                           Defendants.
                                                                                       X
                    --------------------------------------------------------------------X




                           MARK      D. STUMER,       an  attorney  admitted   to practice   before  the courts  of  this State,


                  affirms  the  following   to be  true under   penalties  of perjury:


                           1. I am   associated    with  BAMUNDO,          ZWAL     &   SCHERMERHORN,             attorneys    for the


                  Defendants    LITTLE     RICHIE     BUS   CO.,  LITTLE     RICHIE     BUS   SERVICE      INC.   and  ADOLFO       V.



                  BELTRE,      and  I am  familiar  with  the  circumstances    giving   rise to this motion.


                           2. I submit    this Affirmation     in support   of  the  within  motion    which    seeks  an  Order   (1)

                                                                       defendants'
                  compelling    plaintiff to provide   responses    to                Demand    for  a Verified  Bill  of Particulars


                  and  Initial  Discovery    Demands     within   fourteen   (14)  days   hereof;   (2) precluding    plaintiff  from



                  testifying  or  offering  any   evidence   at trial unless   plaintiff  supplies   responses   to  all outstanding


                  discovery   within   fourteen   (14)  days  hereof;  and  (3)  for such  other  and  further  relief as this  Court


                  deems   just and  proper.


                           3. This  action   seeks  recovery   for  personal   injuries  allegedly   sustained   by  plaintiff  as the


                  result of a motor   vehicle   accident   which  took   place  on  Se  tember   7  2017,




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   FILED:         QUEENS        COUNTY         CLERK        06/04/2018             01:58       PM                      INDEX    NO.   703599/2018
   NYSCEF     DOC.   NO.   11                                                                                 RECEIVED      NYSCEF:     06/04/2018



                            4. This  action   was  commenced       by plaintiff's  service   of a summons      and  complaint    on  or


                   about   March   9, 2018   (Exhibit   "A").   Issue  was  joined   by defendants    by  service  of  an  Answer   on


                   or about   April  10, 2018   (Exhibit  "B").


                            5. On   or  about   April  10,  2018,   defendants    served   their  Demand     for a  Verified   Bill  of


                   Particulars   and  numerous    discovery    demands     on plaintiff  (copies   of these  demands     are annexed


                   hereto  as Exhibit   "C").



                            6. To  date,  plaintiff  has  not  provided   any   responses   to  these  demands,     nor has   plaintiff


                  moved     for a protective  order  or to extend    the time  to respond   to these  demands.



                            7. Defendants     have  attempted    to  obtain  these  discovery    items   without   the  necessity   for


                  judicial  intervention;    however,   such   efforts have   been  in vain,  leading   to the  instant motion    (See


                  correspondence      dated  May    15, 2018   annexed   hereto   as Exhibit  "D").


                                                                                                                         defendants'
                           8. Given   what   must  be seen  as plaintiff's  willful refusal  to provide   responses   to


                  demand     for a Verified    Bill of Particulars   and  combined     discovery    demands,    the  relief sought   is



                  clearly  warranted.



                           WHEREFORE,            it isrespectfully   requested   that  this court  issue  an  Order  (1) compelling

                                                         defendants'
                  plaintiff  to provide   responses   to                Demand     for a Verified    Bill of Particulars   and  Initial



                  Discovery     Demands     within  fourteen   (14)  days  hereof;   (2) precluding    plaintiff  from  testifying  or



                  offering  any  evidence    at trialunless  plaintiff supplies   responses   to all outstanding   discovery   within


                  fourteen   (14)  days  hereof;   and  (3)  for such   other  and  further  relief as this  Court   deems   just  and


                  proper.


                  DATED:            New    York,  NY
                                    June  4, 2018




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