On March 06, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Carolyn Disbrow,
and
Brian Strong,
Global Solutions Appliance Repair Inc.,
Global Solutions Appliance Repair Nyc Llc,
Hadas A. Jacobi,
Keri Strong,
Metro Management & Development, Inc.,
The Board Of Managers Of The Normandie Condominium,
The Normandie Condominium,
for Commercial - Contract
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 06/19/2020 11:13 AM INDEX NO. 651602/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------------x
CAROLYN DISBROW,
AFFIRMATION
Plaintiff, OF GOOD FAITH
-against- Index No.: 651602/2020
THE NORMANDIE CONDOMINIUM, THE
BOARD OF MANAGERS OF THE NORMANDIE
CONDOMINIUM, METRO MANAGEMENT &
DEVELOPMENT, INC., GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND
KERI STRONG,
Defendants.
---------------------------------------------------------------------------------x
PAUL F. LAGATTUTA III, an attorney duly admitted to practice law before the Courts
of the State of New York, affirms the truth of the following, upon information and belief, under
the penalties of perjury:
1. I am an member of the law firm of FIXLER & LAGATTUTA, LLP, attorneys for
the defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF
THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT &
DEVELOPMENT, INC., and, as such, I am fully familiar with the facts and circumstances
heretofore had herein pursuant to a review of the file maintained in this office.
2. I submit this affirmation of good faith pursuant to 22 NYCRR 207.7(c) in
conjunction with the instant motion for an Order: ((a) compelling plaintiff to provide responses to
defendants’ Demand for a Verified Bill of Particulars and Combined Demands dated May 14, 2020,
discovery demands and good faith requests; (b) in the alternative, directing that plaintiff be
precluded from offering any evidence upon the trial of this matter in support of her claims and
1 of 2
FILED: NEW YORK COUNTY CLERK 06/19/2020 11:13 AM INDEX NO. 651602/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/19/2020
allegations or, in the alternative, compelling her outstanding discovery responses within a
prescribed time period; and (c) for such other and; further relief as this Court may deem just and
proper.
3. Your affirmant’s office has made reasonable attempts to communicate with
counsel for plaintiff and resolve any outstanding discovery issues without the intervention of the
Court. See, Exhibit “E”.
4. To date, defendants have received no responses to its correspondences
necessitating the within motion practice.
5. The movant herein has consistently acted in a good faith effort and herein
requests the Court's intervention.
6. There has been no prior application for the relief requested herein.
Dated: New York, New York
June 19, 2020
______________________________
PAUL F. LAGATTUTA III
2 of 2
Document Filed Date
June 19, 2020
Case Filing Date
March 06, 2018
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 06/19/2020 11:13 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------------x CAROLYN DISBROW, AFFIRMATION Plaintiff, OF GOOD FAITH -against- Index No.: 651602/2020 THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM, METRO MANAGEMENT & DEVELOPMENT, INC., GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, Defendants. ---------------------------------------------------------------------------------x PAUL F. LAGATTUTA III, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following, upon information and belief, under the penalties of perjury: 1. I am an member of the law firm of FIXLER & LAGATTUTA, LLP, attorneys for the defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC., and, as such, I am fully familiar with the facts and circumstances heretofore had herein pursuant to a review of the file maintained in this office. 2. I submit this affirmation of good faith pursuant to 22 NYCRR 207.7(c) in conjunction with the instant motion for an Order: ((a) compelling plaintiff to provide responses to defendants’ Demand for a Verified Bill of Particulars and Combined Demands dated May 14, 2020, discovery demands and good faith requests; (b) in the alternative, directing that plaintiff be precluded from offering any evidence upon the trial of this matter in support of her claims and 1 of 2 FILED: NEW YORK COUNTY CLERK 06/19/2020 11:13 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/19/2020 allegations or, in the alternative, compelling her outstanding discovery responses within a prescribed time period; and (c) for such other and; further relief as this Court may deem just and proper. 3. Your affirmant’s office has made reasonable attempts to communicate with counsel for plaintiff and resolve any outstanding discovery issues without the intervention of the Court. See, Exhibit “E”. 4. To date, defendants have received no responses to its correspondences necessitating the within motion practice. 5. The movant herein has consistently acted in a good faith effort and herein requests the Court's intervention. 6. There has been no prior application for the relief requested herein. Dated: New York, New York June 19, 2020 ______________________________ PAUL F. LAGATTUTA III 2 of 2