On March 07, 2018 a
Motion-Secondary
was filed
involving a dispute between
Armand Santaguida,
and
Eugene Hennessy,
Gertrude Hennessy,
for Torts - Other Negligence (Trip & Fall)
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_________________________________.--------------------- ------X
ARMAND SANTAGUIDA, Index No.: 703470/2018
Plaintiff, AFFIRMATION IN
OPPOSITION
-against-
GERTRUDE HENNESSY and
EUGENE HENNESSY,
Defendants.
---------------------------- ---------------------------------X
Robert J. Cosgrove, an attorney duly licensed to practice law before the courts of
New York State, affirms the following to be true under the penalties of perjury:
1. I am a Partner of WADE CLARK MULCAHY, LLP, attorney for the Defêñdañts
herein and as such I am fully familiar with the facts and circumstâñces of this action.
2. This affirmation is submitted in opposition to plaintiff, ARMAND
SANTAGUIDA., motion seeking an Order restoring the case to the active Trial Calendar and
extending plaintiff's time to file a Note of Issue.
3. This is a negligence action to recover damages as a result of an alleged incident
said to have occurred on December 13, 2017. On said date, plaintiff has alleged that he fellwhile
delivering mail to the defendants at 61-23 81st Street in Queens County.
4. On August 20, 2019, plaintiff filed a motion requesting an Order to restore this case
to the active Trial Calendar, extending plaintiff's time to file a Note of Issue and for such other
and further relief as the Court deems proper and justice.
5. On August 23, 2019, plaintiff filed a Note of Issue requesting a jury trial and
indicating the completion of discovery.
1 of 3
FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019
4. An Independent Medical Examination ("IME") has been scheduled for the plaintiff
for September 25, 2019.
5. Therefore, we have no objection to the plaintiff's receiving an extension to file the
Notice of Issue, provided that the plaintiff attend the IME scheduled for September 25, 2019.
6. WHEREFORE, itis respectfully requested that the plaintiff's motion be denied
provided that he does not attend the IME scheduled for September 25, 2019.
Dated: New York, New York
September 16, 2019
hobert J. osgrove, Esq.
2 of 3
FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF PHILADELPHIA ) ss:
Jen Rajkowski, being duly sworn, deposes and says:
That I am not a party to the within action, am over 18 years of age and reside in Atlantic
County, New Jersey.
That on September 16,2019, deponent served the within Affirmed: in Opposiden upon the
attorneys and parties listed below by United States prepaid mail:
TO:
Mitchell Silbowitz, Esq.
Silbowitz, Garafola, Silbowitz,
Schatz & Frederick, LLP
Attorney for Plaintiff Armand Santaguida
92-25 Queens Boulevard
43RD
25 West Street, Suite 711
New York, New York 10036
(212) 354-6800
Rajkowski
Sworn to before me this
¹
16 Day of September 2019
Notary Public
3 of 3
Document Filed Date
September 16, 2019
Case Filing Date
March 07, 2018
Category
Torts - Other Negligence (Trip & Fall)
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FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _________________________________.--------------------- ------X ARMAND SANTAGUIDA, Index No.: 703470/2018 Plaintiff, AFFIRMATION IN OPPOSITION -against- GERTRUDE HENNESSY and EUGENE HENNESSY, Defendants. ---------------------------- ---------------------------------X Robert J. Cosgrove, an attorney duly licensed to practice law before the courts of New York State, affirms the following to be true under the penalties of perjury: 1. I am a Partner of WADE CLARK MULCAHY, LLP, attorney for the Defêñdañts herein and as such I am fully familiar with the facts and circumstâñces of this action. 2. This affirmation is submitted in opposition to plaintiff, ARMAND SANTAGUIDA., motion seeking an Order restoring the case to the active Trial Calendar and extending plaintiff's time to file a Note of Issue. 3. This is a negligence action to recover damages as a result of an alleged incident said to have occurred on December 13, 2017. On said date, plaintiff has alleged that he fellwhile delivering mail to the defendants at 61-23 81st Street in Queens County. 4. On August 20, 2019, plaintiff filed a motion requesting an Order to restore this case to the active Trial Calendar, extending plaintiff's time to file a Note of Issue and for such other and further relief as the Court deems proper and justice. 5. On August 23, 2019, plaintiff filed a Note of Issue requesting a jury trial and indicating the completion of discovery. 1 of 3 FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019 4. An Independent Medical Examination ("IME") has been scheduled for the plaintiff for September 25, 2019. 5. Therefore, we have no objection to the plaintiff's receiving an extension to file the Notice of Issue, provided that the plaintiff attend the IME scheduled for September 25, 2019. 6. WHEREFORE, itis respectfully requested that the plaintiff's motion be denied provided that he does not attend the IME scheduled for September 25, 2019. Dated: New York, New York September 16, 2019 hobert J. osgrove, Esq. 2 of 3 FILED: QUEENS COUNTY CLERK 09/16/2019 04:07 PM INDEX NO. 703470/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 09/16/2019 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF PHILADELPHIA ) ss: Jen Rajkowski, being duly sworn, deposes and says: That I am not a party to the within action, am over 18 years of age and reside in Atlantic County, New Jersey. That on September 16,2019, deponent served the within Affirmed: in Opposiden upon the attorneys and parties listed below by United States prepaid mail: TO: Mitchell Silbowitz, Esq. Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP Attorney for Plaintiff Armand Santaguida 92-25 Queens Boulevard 43RD 25 West Street, Suite 711 New York, New York 10036 (212) 354-6800 Rajkowski Sworn to before me this ¹ 16 Day of September 2019 Notary Public 3 of 3