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FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------ -----------------------------------X Index No: 2015-52210
KENNETH GAROFOLO and JENNIFER GAROFOLO,
AFFIRMATION OF GOOD
FAITH EFFORT
Plaintiff,
-against-
DEVIN 1 CARPENTER, PREFERRED GROUP OF
MANHATTAH, INC. CONSOLIDATED RAIL
CORPORATION and CSX TRANSPORTATION, INC.,
Defendants.
-------- -- ---------------X
DEVIN J. CARPENTER,
Third-Party Plaintiff,
-against-
THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP,
INC, d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE,
P.O.K. TRAIN STATION, LLC, P.O.K. TRAIN STATION,
LLC d/bla MAHONEY'S IRISH PUB & STEAKHOUSE and
MAHONEY'S IRISH PUB & STEAKHOUSE,
Third-Party Defendants.
---------X
JOSEPH A. POTENZA, an attomey duly licensed to practice law in the State of New
York, hereby affirms that the following is true under the penalties of perjury:
1. I am an associate with the law firm of CASCONE & KLUEPFEL, LLP, attomeys
for Third-Party Defendant, THE LAST TRAIN STOP, INC., ils/h/a THE LAST TRAIN STOP,
INC., THE LAST TRAIN STOP, INC.d/b/a MAHONETS IRISH PUB Bc STEAKHOUSE and
MAHONEY'S IRISH PUB & STEAKHOUSE, in the above-entitled action. I make this
plaintiffs'
affirmation in support of the instant motion to contpel resporises to our elient's
outstanding discovery demands.
2. A good faith effort has been made to resolve the issues raised by the instant motion.
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FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/03/2022
plaintiffs'
3. On June 4, 2021, our firm served upon attorneys a Demand for a Verified
Bill of Particulars and various discovery demands, including a Demand for Medical Reports and
Authorizations, Demand for Collateral Source Information, and Demand for Employment Records
Authorizations (see Ex. D),
4. On November 6, 2020, we had yet to receive responses to the above-referenced
plaintiffs'
discovery and, thus, sent a letter to attorneys demanding their fullcompliance with same
(_see Ex. E).
5. By March 15, 2021, we still had not received responses and, thus, sent a second
plaintiffs'
letterto attorneys concerning our outstanding discovery demands (see Ex F). We then
plaintiffs'
sent attorneys follow-up letters on June 17, 2021 (ge Ex G), and on October 20, 2021
(sseeEx H). Plaintiffs, however, have yet to respond to our outstanding discovery demands.
6. As the foregoing demonstrates, our office has made a good faith effort to resolve the
issues addressed by this motion, to no avail. As such, the Court's intervention is now required.
Dated: Farmingdale, New York
March 2, 2022
JOSEPH A.POTENZA,ESQ.
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Preview
FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------ -----------------------------------X Index No: 2015-52210 KENNETH GAROFOLO and JENNIFER GAROFOLO, AFFIRMATION OF GOOD FAITH EFFORT Plaintiff, -against- DEVIN 1 CARPENTER, PREFERRED GROUP OF MANHATTAH, INC. CONSOLIDATED RAIL CORPORATION and CSX TRANSPORTATION, INC., Defendants. -------- -- ---------------X DEVIN J. CARPENTER, Third-Party Plaintiff, -against- THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC, d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE, P.O.K. TRAIN STATION, LLC, P.O.K. TRAIN STATION, LLC d/bla MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, Third-Party Defendants. ---------X JOSEPH A. POTENZA, an attomey duly licensed to practice law in the State of New York, hereby affirms that the following is true under the penalties of perjury: 1. I am an associate with the law firm of CASCONE & KLUEPFEL, LLP, attomeys for Third-Party Defendant, THE LAST TRAIN STOP, INC., ils/h/a THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC.d/b/a MAHONETS IRISH PUB Bc STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, in the above-entitled action. I make this plaintiffs' affirmation in support of the instant motion to contpel resporises to our elient's outstanding discovery demands. 2. A good faith effort has been made to resolve the issues raised by the instant motion. 4 1 of 2 FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 03/03/2022 plaintiffs' 3. On June 4, 2021, our firm served upon attorneys a Demand for a Verified Bill of Particulars and various discovery demands, including a Demand for Medical Reports and Authorizations, Demand for Collateral Source Information, and Demand for Employment Records Authorizations (see Ex. D), 4. On November 6, 2020, we had yet to receive responses to the above-referenced plaintiffs' discovery and, thus, sent a letter to attorneys demanding their fullcompliance with same (_see Ex. E). 5. By March 15, 2021, we still had not received responses and, thus, sent a second plaintiffs' letterto attorneys concerning our outstanding discovery demands (see Ex F). We then plaintiffs' sent attorneys follow-up letters on June 17, 2021 (ge Ex G), and on October 20, 2021 (sseeEx H). Plaintiffs, however, have yet to respond to our outstanding discovery demands. 6. As the foregoing demonstrates, our office has made a good faith effort to resolve the issues addressed by this motion, to no avail. As such, the Court's intervention is now required. Dated: Farmingdale, New York March 2, 2022 JOSEPH A.POTENZA,ESQ. 5 2 of 2