On May 27, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Linda Hite,
and
Aldi, Inc.,
for Torts - Other Negligence (Fall)
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 11/09/2022 11:51 AM INDEX NO. 2021-51999
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
---------------------------------------------------------------------X
LINDA HITE, Index No.: 2021-51999
Plaintiff,
NOTICE OF MOTION
-against-
ALDI INC.,
Defendant.
---------------------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE:
MOTION MADE BY: Defendant, ALDI, INC. (NEW YORK), s/h/a
ALDI, INC., by and through their attorneys,
STONBERG MORAN, LLP.
DATE, TIME AND PLACE
OF HEARING: December 8, 2022, at 9:30 a.m., Dutchess
County Supreme Court, 10 Market Street,
Poughkeepsie New York 12601.
SUPPORTING PAPERS: Affirmation of Carmen L. Borbon, Esq. dated
November 8, 2022, with attached exhibits.
RELIEF REQUESTED: 1. An Order pursuant to 22 NYCRR
§202.21(e) vacating the Note of Issue and
striking this action from the trial calendar,
because all pre-trial discovery has not been
completed and plaintiff’s Certificate of
Readiness contains incorrect material facts
concerning pre-trial discovery; and
2. For such other and further relief as this
Court may deem just, proper and equitable.
GROUNDS FOR RELIEF
REQUESTED: 22 NYCRR §202.21(e).
NATURE OF ACTION: Personal injury action.
1 of 2
FILED: DUTCHESS COUNTY CLERK 11/09/2022 11:51 AM INDEX NO. 2021-51999
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/09/2022
Pursuant to CPLR §2214(b), answering affidavits, if any, must be served at least seven
(7) days before the return date of this motion.
Dated: New York, New York
November 8, 2022
STONBERG MORAN, LLP
Attorneys for Defendant
ALDI, INC. (NEW YORK) s/h/a ALDI, INC.
By: ___________________________________
Carmen L. Borbon, Esq.
505 Eighth Avenue, Suite 2302
New York, New York 10018
(212) 231-2220
Our File No.: ALD 30904
TO:
BASCH & KEEGAN, LLP
Attorneys for Plaintiff
Office and P.O. Address
307 Clinton Avenue
P.O. Box 4235
Kingston, New York 12402
(845) 338-8884
2 of 2
Document Filed Date
November 09, 2022
Case Filing Date
May 27, 2021
Category
Torts - Other Negligence (Fall)
Status
Disposed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: DUTCHESS COUNTY CLERK 11/09/2022 11:51 AM INDEX NO. 2021-51999 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ---------------------------------------------------------------------X LINDA HITE, Index No.: 2021-51999 Plaintiff, NOTICE OF MOTION -against- ALDI INC., Defendant. ---------------------------------------------------------------------X SIRS: PLEASE TAKE NOTICE: MOTION MADE BY: Defendant, ALDI, INC. (NEW YORK), s/h/a ALDI, INC., by and through their attorneys, STONBERG MORAN, LLP. DATE, TIME AND PLACE OF HEARING: December 8, 2022, at 9:30 a.m., Dutchess County Supreme Court, 10 Market Street, Poughkeepsie New York 12601. SUPPORTING PAPERS: Affirmation of Carmen L. Borbon, Esq. dated November 8, 2022, with attached exhibits. RELIEF REQUESTED: 1. An Order pursuant to 22 NYCRR §202.21(e) vacating the Note of Issue and striking this action from the trial calendar, because all pre-trial discovery has not been completed and plaintiff’s Certificate of Readiness contains incorrect material facts concerning pre-trial discovery; and 2. For such other and further relief as this Court may deem just, proper and equitable. GROUNDS FOR RELIEF REQUESTED: 22 NYCRR §202.21(e). NATURE OF ACTION: Personal injury action. 1 of 2 FILED: DUTCHESS COUNTY CLERK 11/09/2022 11:51 AM INDEX NO. 2021-51999 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/09/2022 Pursuant to CPLR §2214(b), answering affidavits, if any, must be served at least seven (7) days before the return date of this motion. Dated: New York, New York November 8, 2022 STONBERG MORAN, LLP Attorneys for Defendant ALDI, INC. (NEW YORK) s/h/a ALDI, INC. By: ___________________________________ Carmen L. Borbon, Esq. 505 Eighth Avenue, Suite 2302 New York, New York 10018 (212) 231-2220 Our File No.: ALD 30904 TO: BASCH & KEEGAN, LLP Attorneys for Plaintiff Office and P.O. Address 307 Clinton Avenue P.O. Box 4235 Kingston, New York 12402 (845) 338-8884 2 of 2