Motion,Ex Parte: Miguel Angel Abreu Hernandez v. 345 East 26 Llc, Lg Construction Management Inc.

• 
• 
• 
• 

						
                                
Preview
                                FILED: KINGS COUNTY CLERK 10/31/2022 04:40 PM                                                             INDEX NO. 504475/2021
NYSCEF DOC. NO. 65                                                                                 RECEIVED NYSCEF: 10/31/2022




            SUPREME COURT OF THE STATE OF NEW YORK
            COUNTY OF KINGS
            ---------------------------------------------------------------------------X   Index No.:504475/2021
            MIGUEL ANGEL ABREU HERNANDEZ,

                                           Plaintiff,                                      NOTICE OF MOTION

                              -against-

            345 EAST 26 LLC and LG CONSTRUCTION
            MANAGEMENT INC.,

                                              Defendant.
            ---------------------------------------------------------------------------X
            LG CONSTRUCTION MANAGEMENT, INC.,

                                          Third Party Plaintiff,

                              -against-

            VEEBEE COOLING CORP.,

                                            Third Party Defendant.
            ---------------------------------------------------------------------------X

                  PLEASE TAKE NOTICE, that upon the annexed affirmation of Christopher W. Drake,

          Esq., duly affirmed on October 21, 2022 together with the Exhibits annexed thereto, and upon all the

          pleadings and proceedings heretofore had herein, the undersigned will move this Court before the

          Centralized Compliance Part, Courtroom 282 of the Courthouse located at 360 Adams Street, on

          November 7, 2022 at 9:45 AM, or as soon thereafter as counsel can be heard for an Order:

                          Pursuant to CPLR § 3126(3), striking the Answer of Defendants 345 EAST
                           26 LLC and LG CONSTRUCTION MANAGEMENT INC., for failure to
                           comply with Court ordered discovery;

                          Pursuant to CRLP § 3126(2) precluding Defendants 345 EAST 26 LLC and
                           LG CONSTRUCTION MANAGEMENT INC from introducing any
                           evidence opposing plaintiff’s claims including items of testimony, for
                           failure to comply with Court ordered discovery;

                          In the alternative, pursuant to CPLR § 3124, compelling Defendants 345
                           EAST 26 LLC and LG CONSTRUCTION MANAGEMENT INC., to appear




                                                                1 of 2
FILED: KINGS COUNTY CLERK 10/31/2022 04:40 PM                                                     INDEX NO. 504475/2021
NYSCEF DOC. NO. 65                                                                     RECEIVED NYSCEF: 10/31/2022




                         for previously Court ordered depositions, comply with all outstanding
                         discovery, and proceed with discovery in this action, including the
                         depositions of the plaintiffs on a date certain or consider said defendant to
                         have waived the conducting of said depositions; and

                        For such other and further relief as this Court deems just and proper.

                  PLEASE TAKE FURTHER NOTICE that responding papers shall be served no later

         than seven (7) days prior to the return date herein.

         Dated:          New York, New York
                         October 31, 2022
                                                       Yours, etc.,
                                                       WILLIAM SCHWITZER & ASSOCIATES, P.C.

                                                       /s/ Christopher W. Drake
                                                       Christopher W. Drake, Esq.
                                                       Attorneys for Plaintiff
                                                       MIGUEL ANGEL ABREU HERNANDEZ
                                                       820 Second Avenue, 10th Floor
                                                       New York, New York 10017
                                                       (212) 683-3800
                                                       File No.: SCP21-006AC
                                                       CDrake@wsatlaw.com
          TO:

          MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS
          Attorneys for Defendant
          345 EAST 26 LLC and
          LG CONSTRUCTION MANAGEMENT INC
          39 Broadway, Suite 950
          New York, New York, 10006
          (212) 968-8300
          File No.: 001956.000053
          kkelly@defensecounsel.com

          FABIANI COHEN & HALL, LLP
          Attorneys for Third-Party Defendant
          VEEBEE COOLING CORP.
          570 Lexington Avenue, 4'h Floor
          New York, New York 10022
          (212) 644-4420
          ShainJ@fcllp.com




                                                       2 of 2