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FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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MICHAEL D. DELACRUZ and
JOSE GERONIMO-FIGUEROA,
AF FIRMATION IN SUPPORT
Plaintif fs,
-against-
HECTOR A. CONCEPCION SURIEL,
Defendant.
__ —————
—
--------X—
TARIN TOMLINSON-LAINE, an attorney duly licensed to practice law in the Courts
of the State of New York, under penalty of perjury, affirms:
1. I am an associate of the law firm of PICCIANO 5 SCAHILL, P.C., attorneys for
the defendant, HECTOR A. CONCEPCION SURIEL, and as such am fully familiar with the
facts, circumstances and pleadings in the above captioned matter.
2. This Affirmation is submitted herewith in support of the within motion for an
Order compelling plaintiffs to respond to the Demand for Bill of Particulars, Notices for
(" Notices"
Discovery and Inspection and Combined Demands ("Discovery Notices").
3. This action has been instituted to recover for personal injuries alleged to
have been sustained MICHAEL D. DELACRUZ and JOSE GERONIMO-
by plaintiffs,
FIGUEROA, as a result of a motor vehicle accident which occurred on July 31, 2015, at
the intersection of Bronx River Parkway and East Gun Hill Road in Bronx, New York. A
plaintiffs'
copy of Summons and Complaint dated December 31, 2017 is attached hereto
as Exhibit "A".
4. Defendant, HECTOR A. CONCEPCION SURIEL, appeared in this action by
filing a verified Answer dated February 19, 2018. A copy of defendant's verified Answer is
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FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018
annexed hereto as "Exhibit B".
5. On February 19, 2018, defendant, HECTOR A. CONCEPCION SURIEL,
served plaintiffs, MICHAEL D. DELACRUZ and JOSE with a
GERONIMO-FIGUEROA,
Defendants'
demand for Billof Particulars. Billof Particulars is annexed hereto as Exhibit
'll~II
"C".
6. On February 19, 2018, defendant, HECTOR A. CONCEPCION SURIEL, also
served plaintiffs, MICHAEL D. DELACRUZ and JOSE GERONIMO-FIGUEROA, with a Notice
1
.1
for Discovery and Inspection and Combined Demands. A copy of said Discovery Notices
is annexed hereto as Exhibit "D".
7. On May 7, 2018, a Preliminary Conference was held before the Honorable
Laura Douglas. Pursuant to said conference, an Order was entered into in which Judge
Douglas directed plaintiffs to provide moving defendant with the outstanding Bill of
Particulars and responses to the discovery notices within thirty (30) days. A copy of the
Preliminary Conference Order is annexed hereto as Exhibit "E".
7. To date, we have not received plaintiffs', MICHAEL D. DELACRUZ and JOSE
GERONIMO-FIGUEROA, verified Bill of Particulars or responses to Discovery Notices.
8. It is respectfully requested therefore, that the court enter an order striking
the complaint of the plaintiffs forthwith. Alternatively, the court should render a thirty (30)
day conditional order requiring that plaintiffs fully comply with all outstanding discovery
demands, and also require plaintiffs to appear within thirty (30) days of service of said
discovery demands for a deposition. Failure to timely and fully comply with the above
provisions should result in the immediate striking of plaintiff's pleadings.
WHEREFORE, it is respectfully prayed that the within motion be granted in all
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FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018
respects and for such other and further relief as to this Court may be deemed just and
proper.
Dated: New York (~
Bethpage,
June 6, 2018
TARIN TOMLINSON-LAINE, ESQ.
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FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -- â€â€â€â€â€â€â€â€â€â€â€â€ —— â† ”— â€â€” â€â€” â€â€” â€â€” â€â€” â€â€” --------------------------------------------X Index 4 20014/2018E MICHAEL D. DELACRUZ and JOSE GERONIMO-FIGUEROA, AF FIRMATION IN SUPPORT Plaintif fs, -against- HECTOR A. CONCEPCION SURIEL, Defendant. __ ————— — --------X— TARIN TOMLINSON-LAINE, an attorney duly licensed to practice law in the Courts of the State of New York, under penalty of perjury, affirms: 1. I am an associate of the law firm of PICCIANO 5 SCAHILL, P.C., attorneys for the defendant, HECTOR A. CONCEPCION SURIEL, and as such am fully familiar with the facts, circumstances and pleadings in the above captioned matter. 2. This Affirmation is submitted herewith in support of the within motion for an Order compelling plaintiffs to respond to the Demand for Bill of Particulars, Notices for (" Notices" Discovery and Inspection and Combined Demands ("Discovery Notices"). 3. This action has been instituted to recover for personal injuries alleged to have been sustained MICHAEL D. DELACRUZ and JOSE GERONIMO- by plaintiffs, FIGUEROA, as a result of a motor vehicle accident which occurred on July 31, 2015, at the intersection of Bronx River Parkway and East Gun Hill Road in Bronx, New York. A plaintiffs' copy of Summons and Complaint dated December 31, 2017 is attached hereto as Exhibit "A". 4. Defendant, HECTOR A. CONCEPCION SURIEL, appeared in this action by filing a verified Answer dated February 19, 2018. A copy of defendant's verified Answer is 1 of 3 FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018 annexed hereto as "Exhibit B". 5. On February 19, 2018, defendant, HECTOR A. CONCEPCION SURIEL, served plaintiffs, MICHAEL D. DELACRUZ and JOSE with a GERONIMO-FIGUEROA, Defendants' demand for Billof Particulars. Billof Particulars is annexed hereto as Exhibit 'll~II "C". 6. On February 19, 2018, defendant, HECTOR A. CONCEPCION SURIEL, also served plaintiffs, MICHAEL D. DELACRUZ and JOSE GERONIMO-FIGUEROA, with a Notice 1 .1 for Discovery and Inspection and Combined Demands. A copy of said Discovery Notices is annexed hereto as Exhibit "D". 7. On May 7, 2018, a Preliminary Conference was held before the Honorable Laura Douglas. Pursuant to said conference, an Order was entered into in which Judge Douglas directed plaintiffs to provide moving defendant with the outstanding Bill of Particulars and responses to the discovery notices within thirty (30) days. A copy of the Preliminary Conference Order is annexed hereto as Exhibit "E". 7. To date, we have not received plaintiffs', MICHAEL D. DELACRUZ and JOSE GERONIMO-FIGUEROA, verified Bill of Particulars or responses to Discovery Notices. 8. It is respectfully requested therefore, that the court enter an order striking the complaint of the plaintiffs forthwith. Alternatively, the court should render a thirty (30) day conditional order requiring that plaintiffs fully comply with all outstanding discovery demands, and also require plaintiffs to appear within thirty (30) days of service of said discovery demands for a deposition. Failure to timely and fully comply with the above provisions should result in the immediate striking of plaintiff's pleadings. WHEREFORE, it is respectfully prayed that the within motion be granted in all 2 of 3 FILED: BRONX COUNTY CLERK 06/08/2018 03:35 PM INDEX NO. 20014/2018E NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/08/2018 respects and for such other and further relief as to this Court may be deemed just and proper. Dated: New York (~ Bethpage, June 6, 2018 TARIN TOMLINSON-LAINE, ESQ. 3 of 3