Preview
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------- ----------X
OGUNWALE ELEBUTE, Index #: Index #: 520675/2017
Plaintiff(s),
NOTICE FOR DISCOVERY AND
-against-
INSPECTION REGARDING
RELATED ACTIONS
NORTHWELL HEALTH, INC., NORTHSHORE
UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ,
Defendant(s)
_____________---------------------------X
PLEASE TAKE NOTICE that pursuant to the provisions of Article 31 of the CPLR, demand is
made that you produce at the office of the undersigned within twenty (20) days of service hereof,
for discovery and inspection and copying:
1. True and accurate copies of all deposition transcripts from all related actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC. ;and
2. True and accurate copies of allpleadings from all related actions, including but not
limited to actions of any of the occupants of each of the vehicles involved in the subject accident,
including but not limited to any action brought by NORTHWELL HEALTH, INC.;
3. True and accurate copies of alldiscovery demands served from all related actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC.; and
WESER & WESER 1
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
1 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
4. True and accurate copies of alldiscovery responses received from allrelated actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC. and
5. True and accurate copies of all deposition transcripts from all related actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY
HOSPITAL;
6. True and accurate copies of allpleadings from allrelated actions, including but not
limited to actions of any of the occupants of each of the vehicles involved in the subject accident,
including but not limited to any action brought by NORTHSHORE UNIVERSITY HOSPITAL;
7. True and accurate copies of alldiscovery demands served from allrelated actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY
HOSPITAL ; and
8. True and accurate copies of alldiscovery responses received from allrelated actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY
HOSPITAL; and
9. True and accurate copies of all deposition transcripts from all related actions,
but not limited to actions of any of the occupants of each of the vehicles involved in the
including
subject acddent, but not limited to any action brought by JOHNNY RAY MARQUEZ; and
including
WESER & WESER 2
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
2 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
10. True and accurate copies of all pleadings from all related actions, including but not
limited to actions of any of the occupants of each of the vehicles involved in the subject accident,
including but not limited to any action brought by JOHNNY RAY MARQUEZ;
11. True and accurate copies of alldiscovery demands served from allrelated actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by JOHNNY RAY MARQUEZ; and
12. True and accurate copies of alldiscovery responses received from allrelated actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident, including but not limited to any action brought by JOHNNY RAY MARQUEZ and
13. True and accurate copies of all deposition transcripts from all related actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident; and
14. True and accurate copies of allpleadings from all related actions, including but not
limited to actions of any of the occupants of each of the vehicles involved in the subject accident;
15. True and accurate copies of alldiscovery demands served from all related actions,
including but not limited to actions of any of the occupants of each of the vehicles involved in the
subject accident; and
16. True and accurate copies of alldiscovery responses received from allrelated actions,
but not limited to actions of of the occupants of each of the vehicles involved in the
including any
subject accident.
WESER & WESER 3
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
3 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
PLEASE TAKE FURTHER NOTICE that these demands are continuing dernands and that ifany
of the above items are obtained after the date of this demand, they are to be furnished to the
undersigned pursuant to these demands, within twenty (20) days of receipt by defendant(s) or their
attorneys.
PLEASE TAKE FURTHER NOTICE that ifno such documentation and/or information is inthe
possession, custody or control of any parties you represent, so state in a sworn reply to this demand
duly executed by an individual who actually conducted the search for each demand item.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information
and/or documents, please provide a duly executed Affidavit of Search by an individual who actually
conducted the search as to each and every demand item that isunable to be produced, which shall
include a statement as to where the information or records were kept, what efforts, ifany, were
made to preserve them, the circumstances surrounding the disappearance or destruction. (see
Jackson v. City of New York, 185 A.D.2d 768, 770, 586 N.Y.S.2d 952 [1st Dept., 1992]; Virola v. New
[1St
York City Hous. Auth., 185 A.D.2d 122 Dept., 1992]; Donovan v. City of New York, 239 A.D.2d 461,
657 N.Y.S.2d 451[2nd Dept., 1997]). Jackson v. City of New York has been interpreted to require an
affidavit from a record searcher that must contain elements allowing the plaintiffand the court to
rely upon representations that a thorough search has been conducted by someone competent to do
said search. in Lewis v City of NY, 2007 NY Slip Op 27369, the Court stated that an affidavit of a
searcher attesting that requested records are missing should contain at a minimum information
regarding: a. The Qualifications of the Affiant; b. The Diligent Search Efforts, made to locate and
produce said reports and records including the date, time and place for each search conducted; c.
The Reason for the Absence, in that the affiant must provide a meaningful explanation as to why the
said reports and records are not now available; d. The Chain of Custody, in that affiant must provide
the identity of the person or persons who created the said reports and records as well as all other
persons in the authorized chain of custody; and ifunknown an explanation must be provided; e. The
WESER & WESER 4
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
4 of 8
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
Last Known Possessor, in that the affiant must provide the identity of the person last in possession
of same; and ifunknown, an explanation must be provided; f. Storage Locations, in that allof the
authorized locations where such reports and records are, or should have been, preserved,
maintained and stored in accordance with the applicable rules and regulations must be identified;
and g. The Applicable Rules and Regulations, in that all rules and regulations relating to the
preservation, maintenance and storage of reports and other records, made by an employee or other
person charged with the obligation to make the said report and record, must be identified and a copy
of said rules and regulations must be made available and/or appended as an exhibit.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information
and/or documents, a motion will be made for discovery and inspection and costs will be requested.
PLEASE TAKE FURTHER NOTICE that under CPLR 3126, sanctions may be imposed for
deliberate, dilatory or wilful failure to comply with discovery (Commissioners of the State Insurance
Fund v. Valenzano, 175 A.D.2d 687, 572 N.Y.S.2d 681).
PLEASE TAKE FURTHER NOTICE that the undersigned willobject upon trialto the introduction
of any items demanded above not so identified.
Dated: Brooklyn, New York
August 15, 2018
WESER & WESER, P.C.
Attorneys for Plaintiff(s)
OGUNWALE ELEBUTE
1392 Coney Island Avenue
Brooklyn, New York 11230
(718) 338-3000
TO: WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
Attorney(s) for Defendant(s)
NORTHWELL HEALTH, INC.,
NORTHSHORE UNIVERSITY HOSPITAL
and JOHNNY RAY MARQUEZ
150 East 42nd Street
WESER & WESER 5
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
5 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
New York, NY 10017-5639
Phone: 212-490-3000
Fax: 212-490-3038
Email: aviva.stein@wilsonelser.com
Email: rachel.budofskv@wilsonelser.com
File No.: 520675/2017
WESER & WESER 6
1392 Coney Island Aven e
Brooklyn, NY 11230
(718) 338-3000
6 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018
AFFIDAVIT OF SERVICE VIA EFILING SYSTEM
STATE OF NEW YORK ) ss.:
COUNTY OF KINGS )
REBECCA MITCHELL, being duly sworn, deposes and says:
That I am not a party to this action, am over 18 years of age and reside in Brooklyn, New
York.
th
That on , 20_l]_ deponent served the within NOTICE FOR DISCOVERY
AND INSPECTI N REGARDING RELATED ACTIONS upon the parties named below electronically
via the New York State Court's E-filing System upon the parties named below at the email
addresses listed on the E-filing system, being the email addresses designated by said parties for
that purpose.
TO: VIA E-FILING SYSTEM
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
Attorney(s) for Defendant(s)
NORTHWELL HEALTH, INC.,
NORTHSHORE UNIVERSITY HOSPITAL
and JOHNNY RAY MARQUEZ
150 East 42nd Street
New York, NY 10017-5639
Phone: 212-490-3000
Fax: 212-490-3038
Email: aviva.stein@wilsonelser.com
Email: rachel.budofsky@wilsonelser.com
FileNo.: 520675/2017
REBECCA MITCHELL
Sworn to before me this
lio day of , 201.
IRA GORDON
NOTARY PUBLIC, S e of New York
No. 02G05028513
Qualified in Nassau County
Commission Expires May 31, 20
1
7 of 8
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017
NYSCEF DOC.Index
NO. No.:
15 520675 Year 2017 RECEIVED NYSCEF: 08/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF
W
KING
WWPlnREEMWeMEM@%%P FAMPR3MWF#285)Fl##4WiW fen¾TwR#@WRtBWfdinWf
OGUNWALE EIRRIJTE,
Plaintiff(s),
-against-
N.0RTHWELL HEALTH, INCa, NOftTHSHORE UNIVERSITY HOSPITAL
and JOHNNY RAY MARQUEZ,
NOTICE FOR DISCOVERY AND INSPECTION REGARDING RELATED ACTION S
Ira B.pdrdon, s
WESER & WÉSER, P.C.
Attorneys for Plaintiff(s)
OGUNWALE ELEBUTE
1392 Coney Island Avenue
Brooklyn, NewYork 11230
(718) 338-3000
mememasesswansamemm asseemeerseamammememmse
To:
5 WNB&WERWASSMWB $53WWFSEm53MtWtM&%WWEBWWWEMW
PLEASE TAKE NOTICE
that thé within is a (certified) true of a entered in the office of the clerk of the
copy
within named Court on , 20,
__ that an Order of which the within is a true copy will be presented for settlement to the
Hon. , one of the judges of the within named Court, at, on , 20, at 10:00 A.M.
Dated: Brooklyn, New York
WES$R & WESER, P.C.
Attorneys for Plaintiff(s)
. OGUNWALE ELEBUTE
1392 Coney Island Avenue
Brooklyn, New York 11230
8 of 8
Preview
FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------- ----------X OGUNWALE ELEBUTE, Index #: Index #: 520675/2017 Plaintiff(s), NOTICE FOR DISCOVERY AND -against- INSPECTION REGARDING RELATED ACTIONS NORTHWELL HEALTH, INC., NORTHSHORE UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ, Defendant(s) _____________---------------------------X PLEASE TAKE NOTICE that pursuant to the provisions of Article 31 of the CPLR, demand is made that you produce at the office of the undersigned within twenty (20) days of service hereof, for discovery and inspection and copying: 1. True and accurate copies of all deposition transcripts from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC. ;and 2. True and accurate copies of allpleadings from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC.; 3. True and accurate copies of alldiscovery demands served from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC.; and WESER & WESER 1 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 1 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 4. True and accurate copies of alldiscovery responses received from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHWELL HEALTH, INC. and 5. True and accurate copies of all deposition transcripts from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY HOSPITAL; 6. True and accurate copies of allpleadings from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY HOSPITAL; 7. True and accurate copies of alldiscovery demands served from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY HOSPITAL ; and 8. True and accurate copies of alldiscovery responses received from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by NORTHSHORE UNIVERSITY HOSPITAL; and 9. True and accurate copies of all deposition transcripts from all related actions, but not limited to actions of any of the occupants of each of the vehicles involved in the including subject acddent, but not limited to any action brought by JOHNNY RAY MARQUEZ; and including WESER & WESER 2 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 2 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 10. True and accurate copies of all pleadings from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by JOHNNY RAY MARQUEZ; 11. True and accurate copies of alldiscovery demands served from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by JOHNNY RAY MARQUEZ; and 12. True and accurate copies of alldiscovery responses received from allrelated actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident, including but not limited to any action brought by JOHNNY RAY MARQUEZ and 13. True and accurate copies of all deposition transcripts from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident; and 14. True and accurate copies of allpleadings from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident; 15. True and accurate copies of alldiscovery demands served from all related actions, including but not limited to actions of any of the occupants of each of the vehicles involved in the subject accident; and 16. True and accurate copies of alldiscovery responses received from allrelated actions, but not limited to actions of of the occupants of each of the vehicles involved in the including any subject accident. WESER & WESER 3 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 3 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 PLEASE TAKE FURTHER NOTICE that these demands are continuing dernands and that ifany of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands, within twenty (20) days of receipt by defendant(s) or their attorneys. PLEASE TAKE FURTHER NOTICE that ifno such documentation and/or information is inthe possession, custody or control of any parties you represent, so state in a sworn reply to this demand duly executed by an individual who actually conducted the search for each demand item. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information and/or documents, please provide a duly executed Affidavit of Search by an individual who actually conducted the search as to each and every demand item that isunable to be produced, which shall include a statement as to where the information or records were kept, what efforts, ifany, were made to preserve them, the circumstances surrounding the disappearance or destruction. (see Jackson v. City of New York, 185 A.D.2d 768, 770, 586 N.Y.S.2d 952 [1st Dept., 1992]; Virola v. New [1St York City Hous. Auth., 185 A.D.2d 122 Dept., 1992]; Donovan v. City of New York, 239 A.D.2d 461, 657 N.Y.S.2d 451[2nd Dept., 1997]). Jackson v. City of New York has been interpreted to require an affidavit from a record searcher that must contain elements allowing the plaintiffand the court to rely upon representations that a thorough search has been conducted by someone competent to do said search. in Lewis v City of NY, 2007 NY Slip Op 27369, the Court stated that an affidavit of a searcher attesting that requested records are missing should contain at a minimum information regarding: a. The Qualifications of the Affiant; b. The Diligent Search Efforts, made to locate and produce said reports and records including the date, time and place for each search conducted; c. The Reason for the Absence, in that the affiant must provide a meaningful explanation as to why the said reports and records are not now available; d. The Chain of Custody, in that affiant must provide the identity of the person or persons who created the said reports and records as well as all other persons in the authorized chain of custody; and ifunknown an explanation must be provided; e. The WESER & WESER 4 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 4 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 Last Known Possessor, in that the affiant must provide the identity of the person last in possession of same; and ifunknown, an explanation must be provided; f. Storage Locations, in that allof the authorized locations where such reports and records are, or should have been, preserved, maintained and stored in accordance with the applicable rules and regulations must be identified; and g. The Applicable Rules and Regulations, in that all rules and regulations relating to the preservation, maintenance and storage of reports and other records, made by an employee or other person charged with the obligation to make the said report and record, must be identified and a copy of said rules and regulations must be made available and/or appended as an exhibit. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information and/or documents, a motion will be made for discovery and inspection and costs will be requested. PLEASE TAKE FURTHER NOTICE that under CPLR 3126, sanctions may be imposed for deliberate, dilatory or wilful failure to comply with discovery (Commissioners of the State Insurance Fund v. Valenzano, 175 A.D.2d 687, 572 N.Y.S.2d 681). PLEASE TAKE FURTHER NOTICE that the undersigned willobject upon trialto the introduction of any items demanded above not so identified. Dated: Brooklyn, New York August 15, 2018 WESER & WESER, P.C. Attorneys for Plaintiff(s) OGUNWALE ELEBUTE 1392 Coney Island Avenue Brooklyn, New York 11230 (718) 338-3000 TO: WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorney(s) for Defendant(s) NORTHWELL HEALTH, INC., NORTHSHORE UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ 150 East 42nd Street WESER & WESER 5 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 5 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 New York, NY 10017-5639 Phone: 212-490-3000 Fax: 212-490-3038 Email: aviva.stein@wilsonelser.com Email: rachel.budofskv@wilsonelser.com File No.: 520675/2017 WESER & WESER 6 1392 Coney Island Aven e Brooklyn, NY 11230 (718) 338-3000 6 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/16/2018 AFFIDAVIT OF SERVICE VIA EFILING SYSTEM STATE OF NEW YORK ) ss.: COUNTY OF KINGS ) REBECCA MITCHELL, being duly sworn, deposes and says: That I am not a party to this action, am over 18 years of age and reside in Brooklyn, New York. th That on , 20_l]_ deponent served the within NOTICE FOR DISCOVERY AND INSPECTI N REGARDING RELATED ACTIONS upon the parties named below electronically via the New York State Court's E-filing System upon the parties named below at the email addresses listed on the E-filing system, being the email addresses designated by said parties for that purpose. TO: VIA E-FILING SYSTEM WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP Attorney(s) for Defendant(s) NORTHWELL HEALTH, INC., NORTHSHORE UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ 150 East 42nd Street New York, NY 10017-5639 Phone: 212-490-3000 Fax: 212-490-3038 Email: aviva.stein@wilsonelser.com Email: rachel.budofsky@wilsonelser.com FileNo.: 520675/2017 REBECCA MITCHELL Sworn to before me this lio day of , 201. IRA GORDON NOTARY PUBLIC, S e of New York No. 02G05028513 Qualified in Nassau County Commission Expires May 31, 20 1 7 of 8 FILED: KINGS COUNTY CLERK 08/16/2018 10:01 AM INDEX NO. 520675/2017 NYSCEF DOC.Index NO. No.: 15 520675 Year 2017 RECEIVED NYSCEF: 08/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF W KING WWPlnREEMWeMEM@%%P FAMPR3MWF#285)Fl##4WiW fen¾TwR#@WRtBWfdinWf OGUNWALE EIRRIJTE, Plaintiff(s), -against- N.0RTHWELL HEALTH, INCa, NOftTHSHORE UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ, NOTICE FOR DISCOVERY AND INSPECTION REGARDING RELATED ACTION S Ira B.pdrdon, s WESER & WÉSER, P.C. Attorneys for Plaintiff(s) OGUNWALE ELEBUTE 1392 Coney Island Avenue Brooklyn, NewYork 11230 (718) 338-3000 mememasesswansamemm asseemeerseamammememmse To: 5 WNB&WERWASSMWB $53WWFSEm53MtWtM&%WWEBWWWEMW PLEASE TAKE NOTICE that thé within is a (certified) true of a entered in the office of the clerk of the copy within named Court on , 20, __ that an Order of which the within is a true copy will be presented for settlement to the Hon. , one of the judges of the within named Court, at, on , 20, at 10:00 A.M. Dated: Brooklyn, New York WES$R & WESER, P.C. Attorneys for Plaintiff(s) . OGUNWALE ELEBUTE 1392 Coney Island Avenue Brooklyn, New York 11230 8 of 8