On October 25, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Ogunwale Elebute,
and
Johnny Ray Marquez,
North Shore University Hospital,
Northwell Health, Inc.,
for Torts - Motor Vehicle
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 04/19/2019 11:17 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X
OGUNWALE ELEBUTE, Index #: 520675/2017
Plaintiff, NOTICE OF MOTION
‐ against ‐ Assigned to:
Hon. Justice CARL LANDICINO
NORTHWELL HEALTH, INC., NORTHSHORE IAS PART 81
UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ,
ORAL ARGUMENT REQUESTED
Defendants.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X
PLEASE TAKE NOTICE, that upon the annexed affirmation of IRA B. GORDON, ESQ.,
dated April 19, 2019, the annexed affirmation of good faith of IRA B. GORDON, ESQ. dated April
19, 2019, with Exhibits annexed thereto, and upon all of the facts and proceedings heretofore had
herein, the plaintiff will move this Court at CENTRAL COMPLIANCE PART (CCP) thereof at the
Courthouse located at 360 Adams Street, Brooklyn, New York, on the 15th day of MAY, 2019, at
9:30 o'clock in the forenoon thereof, or as soon thereafter as counsel can be heard, for an Order:
A. Pursuant to CPLR '3126 striking the Answers of defendants and directing an
inquest for an assessment of damages against defendants for failure to provide
outstanding discovery pursuant to plaintiff’s discovery demands and pursuant to
prior court order; in the alternative, pursuant to CPLR '3124 compelling the
defendants to provide full and complete discovery responses to all outstanding
discovery on or before a date certain within thirty (30) days and before depositions
are held and pursuant to CPLR '3126, conditionally striking the Answers of
defendants without further court order if defendants do not provide full, complete,
itemized, responsive and meaningful discovery responses to all outstanding
discovery on or before a date certain within thirty (30) days and before depositions
are held;
B. Extending plaintiff’s time to complete discovery and to file a Note of Issue with
Certificate of Readiness;
C. For such other and further relief as to the court may seem just and proper.
WESER & WESER 1
1392 Coney Island Avenue
Brooklyn, NY 11230
(718) 338-3000
1 of 2
FILED: KINGS COUNTY CLERK 04/19/2019 11:17 AM INDEX NO. 520675/2017
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/19/2019
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served
no later than seven (7) days prior to the return date hereof.
Dated: Brooklyn, New York
April 19, 2019
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
New York, NY 10017‐5639
Phone: 212‐490‐3000
Fax: 212‐490‐3038
Email: aviva.stein@wilsonelser.com
Email: rachel.budofsky@wilsonelser.com
Email: Rachel.Rubin@wilsonelser.com
File No.: 520675/2017
WESER & WESER 2
1392 Coney Island Avenue
Brooklyn, NY 11230
(718) 338-3000
2 of 2
Document Filed Date
April 19, 2019
Case Filing Date
October 25, 2017
Category
Torts - Motor Vehicle
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FILED: KINGS COUNTY CLERK 04/19/2019 11:17 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X OGUNWALE ELEBUTE, Index #: 520675/2017 Plaintiff, NOTICE OF MOTION ‐ against ‐ Assigned to: Hon. Justice CARL LANDICINO NORTHWELL HEALTH, INC., NORTHSHORE IAS PART 81 UNIVERSITY HOSPITAL and JOHNNY RAY MARQUEZ, ORAL ARGUMENT REQUESTED Defendants. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐X PLEASE TAKE NOTICE, that upon the annexed affirmation of IRA B. GORDON, ESQ., dated April 19, 2019, the annexed affirmation of good faith of IRA B. GORDON, ESQ. dated April 19, 2019, with Exhibits annexed thereto, and upon all of the facts and proceedings heretofore had herein, the plaintiff will move this Court at CENTRAL COMPLIANCE PART (CCP) thereof at the Courthouse located at 360 Adams Street, Brooklyn, New York, on the 15th day of MAY, 2019, at 9:30 o'clock in the forenoon thereof, or as soon thereafter as counsel can be heard, for an Order: A. Pursuant to CPLR '3126 striking the Answers of defendants and directing an inquest for an assessment of damages against defendants for failure to provide outstanding discovery pursuant to plaintiff’s discovery demands and pursuant to prior court order; in the alternative, pursuant to CPLR '3124 compelling the defendants to provide full and complete discovery responses to all outstanding discovery on or before a date certain within thirty (30) days and before depositions are held and pursuant to CPLR '3126, conditionally striking the Answers of defendants without further court order if defendants do not provide full, complete, itemized, responsive and meaningful discovery responses to all outstanding discovery on or before a date certain within thirty (30) days and before depositions are held; B. Extending plaintiff’s time to complete discovery and to file a Note of Issue with Certificate of Readiness; C. For such other and further relief as to the court may seem just and proper. WESER & WESER 1 1392 Coney Island Avenue Brooklyn, NY 11230 (718) 338-3000 1 of 2 FILED: KINGS COUNTY CLERK 04/19/2019 11:17 AM INDEX NO. 520675/2017 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 04/19/2019 PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served no later than seven (7) days prior to the return date hereof. Dated: Brooklyn, New York April 19, 2019 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 New York, NY 10017‐5639 Phone: 212‐490‐3000 Fax: 212‐490‐3038 Email: aviva.stein@wilsonelser.com Email: rachel.budofsky@wilsonelser.com Email: Rachel.Rubin@wilsonelser.com File No.: 520675/2017 WESER & WESER 2 1392 Coney Island Avenue Brooklyn, NY 11230 (718) 338-3000 2 of 2