Preview
FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 54 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 IN
SUPPORT
Plaintiff,
-against-
DEVIN J. 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. IRIS.H PUB & STEAKHOUSE,
P.O.K. TRAIN STATION, LLC,P.O.K. TRAIN STATION,
LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and
MAHONEY'S IRISH PUB & STEAKHOUSE,
Third-Party Defendants.
------.._______ ----,..-----...·-X
JOSEPH A. POTENZA, an attorney duly admitted to practice law before the Courts of the
State ofNew York, affirms the following to be true under penalties of perjury:
1. I am an associate with the law firm of CASCONE & KLUEPFEL, LLP, attorneys
for the Third-Party Defendant, THE LAST TRAIN STOP, INC., i/s/h/a THE LAST TRAIN
STOP, INC., THE LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB &
STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, and as such, I am fully
familiar with the facts and circumstances of this matter.
2. I make this affirmation in support of the instant application for an Order, pursuant to
CPLR Rule 3124, directing the plaintiffs, KENNETH GAROFOLO and JENNIFER
1 of 3
FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/03/2022
GAROFOLO, to respond to moving defendant's Demand for a Verified Bill of Demand
Particulars,
for Collateral Source Information, Demand for Documents and Combined and
Discovery Demands;
for such other and further relief as this Court deems just and proper.
3. This action was commenced on or about December 28, 2015, by the of a
tiling
Summons and Verified Complaint. Issue was joined by defendants, CONSOLIDATED RAIL
CORP. and CSX TRANSPORTATION, INC., by service of their Verified Answer on February 2,
2016; and by defendant DEVIN J. CARPENTER, by service of his Verified Answer on June 20,
2016. Copies of the Summons and Complaint and Answers are collectively annexed as Exhibit A.
4. A Third-Party Summons and Complaint was thereafter filed on January 24, 2020, a
copy of which is annexed as Exhibit B. Issue was joined by Third-Party Defendant, THE LAST
TRAIN STOP, INC., i/s/h/a THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC.
d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB &
STEAKHOUSE, by service of a Verified Answer on June 16, 2020. A copy of Third-Party
Defendant's answer is annexed as Exhibit C. Along with our answer, our office served plaintitTs
with 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. Copies of our discovery demands are
collectively attached hereto as Exhibit D.
plaintiffs'
5. On November 6, 2020, our office served attorneys with good faith
correspondence requesting they provide responses to our above-referenced discovery demands. A
copy of our correspondence to plaintilTs is attached hereto as Exhibit E.
plaintiffs'
6. By March 15, 2021, our office had not received a response and served
attorneys with another good faith correspondence provide responses to our above-
requesting they
2
2 of 3
FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/03/2022
plaintiffs'
referenced discovery demands (Exhibit F). We then sent attorneys follow-up
correspondence on June 17, 2021 (Exhibit G), and on October 20, 2021 (Exhibit H).
plaintiffs'
7. To date we have not yet received responses to the aforementioned
discovery demands. In this regard, plaintiffs have not made a motion for a protective order, and the
time in which to make such an application has elapsed. In addition, plaintiffs have not requested an
extension of time to respond to our outstanding demands. Accordingly, itis respectfully requested
plaintiffs'
that the Court issue an Order compelling compliance with same.
8. No prior application for the relief requested herein has been made to this or any
other Court.
WHEREFORE, itis respectfully requested that the aforementioned discovery be subject of
an Order of this Court directing plaintiffs, KENNETH GAROFOLO and JENNIFER
GAROFOLO, to provide responses thereto, together with such other and further relief as this Court
may deem just and proper.
Dated: Farmingdale, New York /
March 2, 2022
JOSEPH A. POTENZA, ESQ.
3
3 of 3
Preview
FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 54 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 IN SUPPORT Plaintiff, -against- DEVIN J. 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. IRIS.H PUB & STEAKHOUSE, P.O.K. TRAIN STATION, LLC,P.O.K. TRAIN STATION, LLC d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, Third-Party Defendants. ------.._______ ----,..-----...·-X JOSEPH A. POTENZA, an attorney duly admitted to practice law before the Courts of the State ofNew York, affirms the following to be true under penalties of perjury: 1. I am an associate with the law firm of CASCONE & KLUEPFEL, LLP, attorneys for the Third-Party Defendant, THE LAST TRAIN STOP, INC., i/s/h/a THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, and as such, I am fully familiar with the facts and circumstances of this matter. 2. I make this affirmation in support of the instant application for an Order, pursuant to CPLR Rule 3124, directing the plaintiffs, KENNETH GAROFOLO and JENNIFER 1 of 3 FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/03/2022 GAROFOLO, to respond to moving defendant's Demand for a Verified Bill of Demand Particulars, for Collateral Source Information, Demand for Documents and Combined and Discovery Demands; for such other and further relief as this Court deems just and proper. 3. This action was commenced on or about December 28, 2015, by the of a tiling Summons and Verified Complaint. Issue was joined by defendants, CONSOLIDATED RAIL CORP. and CSX TRANSPORTATION, INC., by service of their Verified Answer on February 2, 2016; and by defendant DEVIN J. CARPENTER, by service of his Verified Answer on June 20, 2016. Copies of the Summons and Complaint and Answers are collectively annexed as Exhibit A. 4. A Third-Party Summons and Complaint was thereafter filed on January 24, 2020, a copy of which is annexed as Exhibit B. Issue was joined by Third-Party Defendant, THE LAST TRAIN STOP, INC., i/s/h/a THE LAST TRAIN STOP, INC., THE LAST TRAIN STOP, INC. d/b/a MAHONEY'S IRISH PUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, by service of a Verified Answer on June 16, 2020. A copy of Third-Party Defendant's answer is annexed as Exhibit C. Along with our answer, our office served plaintitTs with 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. Copies of our discovery demands are collectively attached hereto as Exhibit D. plaintiffs' 5. On November 6, 2020, our office served attorneys with good faith correspondence requesting they provide responses to our above-referenced discovery demands. A copy of our correspondence to plaintilTs is attached hereto as Exhibit E. plaintiffs' 6. By March 15, 2021, our office had not received a response and served attorneys with another good faith correspondence provide responses to our above- requesting they 2 2 of 3 FILED: DUTCHESS COUNTY CLERK 03/03/2022 09:55 AM INDEX NO. 2015-52210 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 03/03/2022 plaintiffs' referenced discovery demands (Exhibit F). We then sent attorneys follow-up correspondence on June 17, 2021 (Exhibit G), and on October 20, 2021 (Exhibit H). plaintiffs' 7. To date we have not yet received responses to the aforementioned discovery demands. In this regard, plaintiffs have not made a motion for a protective order, and the time in which to make such an application has elapsed. In addition, plaintiffs have not requested an extension of time to respond to our outstanding demands. Accordingly, itis respectfully requested plaintiffs' that the Court issue an Order compelling compliance with same. 8. No prior application for the relief requested herein has been made to this or any other Court. WHEREFORE, itis respectfully requested that the aforementioned discovery be subject of an Order of this Court directing plaintiffs, KENNETH GAROFOLO and JENNIFER GAROFOLO, to provide responses thereto, together with such other and further relief as this Court may deem just and proper. Dated: Farmingdale, New York / March 2, 2022 JOSEPH A. POTENZA, ESQ. 3 3 of 3