On November 18, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Sarah M. Lanza,
and
Guma Construction,
Santo Mercedes Baez,
for Torts - Motor Vehicle
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 01/21/2022 05:20 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X
SARAH M. LANZA, Index No.: 523020/2020
Plaintiff(s),
-against- NOTICE OF MOTION
SANTOS MERCEDES BAEZ and
GUMA CONSTRUCTION CORP,
Defendant(s).
----------------------------------------------------------------------X
MOTION MADE BY: THE LAW FIRM OF
DAVIDOFF & ASSOCIATES
Attorneys for Plaintiff(s)
108-18 Queens Boulevard, Suite 404
Forest Hills, New York 11375
Phone: (718) 268-8800
RETURN DATE AND TIME: February 7, 2022, at 9:30 a.m., or
as soon thereafter as Counsel can be heard.
PLACE: Centralized Compliance Part, Courtroom 282
Supreme Court of the State of New York
Kings County
360 Adams Street, Brooklyn, New York 11201
SUPPORTING PAPERS: Affirmation in Support by
JOSEPH C. KIM, ESQ., dated January 21,
2022, with all exhibits attached herein
RELIEF REQUESTED: An Order:
(a) pursuant to CPLR 3124, compelling Defendants,
SANTOS MERCEDES BAEZ and GUMA
Plaintiffs'
CONSTRUCTION CORP, to respond to
Post EBT Demands for discovery, dated November
30, 2021, in accordance with the Compliance
Conference Order, dated September 15, 2021;
and/or
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FILED: KINGS COUNTY CLERK 01/21/2022 05:20 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/21/2022
(b) pursuant to CPLR 3126, precluding said
Defendants from offering evidence or testimony at
the trial of this matter; or, in the alternative,
(c) striking the pleadings of said Defendants for
failing to provide disclosures and responses to said
outstanding discovery demands, in violation of the
Order of this Court; and
(d) for such other and further relief that to this Court
may seem just and proper under the circumstances
herein.
CERTIFICATION: Pursuant to 22 NYCRR 130-1.1, it is hereby
certified that to the best of the undersigned's
knowledge, information and belief formed after an
inquiry reasonable under the circumstances, the
presentation of the annexed papers or contentions
therein are not frivolous as defmed by 22 NYCRR
1.1 (c).
ANSWERING PAPERS: Any answering papers are to be served within
seven (7) days of the return date or adjourned date
of this motion, pursuant to CPLR § 2214(b)
Dated: Forest Hills, New York
January 21, 2022
Respectfully submitt .
THE LAW FI F AVIDOFF & ASSOCIATES
By: JO IM, E b.
_'
Atton >_ or Plaintif fs)
SA M. LANZA
108-18 Queens Boulevard, Suite 404
Forest Hills, New York 11375
(718) 268-8800
TO: LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendants
SANTO MERCEDES BAEZ and GUMA
CONSTRUCTION CORP.
13d'
One Whitehall Street, Floor
New York, New York 10004-2109
(212) 248-9100
2
2 of 2
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FILED: KINGS COUNTY CLERK 01/21/2022 05:20 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X SARAH M. LANZA, Index No.: 523020/2020 Plaintiff(s), -against- NOTICE OF MOTION SANTOS MERCEDES BAEZ and GUMA CONSTRUCTION CORP, Defendant(s). ----------------------------------------------------------------------X MOTION MADE BY: THE LAW FIRM OF DAVIDOFF & ASSOCIATES Attorneys for Plaintiff(s) 108-18 Queens Boulevard, Suite 404 Forest Hills, New York 11375 Phone: (718) 268-8800 RETURN DATE AND TIME: February 7, 2022, at 9:30 a.m., or as soon thereafter as Counsel can be heard. PLACE: Centralized Compliance Part, Courtroom 282 Supreme Court of the State of New York Kings County 360 Adams Street, Brooklyn, New York 11201 SUPPORTING PAPERS: Affirmation in Support by JOSEPH C. KIM, ESQ., dated January 21, 2022, with all exhibits attached herein RELIEF REQUESTED: An Order: (a) pursuant to CPLR 3124, compelling Defendants, SANTOS MERCEDES BAEZ and GUMA Plaintiffs' CONSTRUCTION CORP, to respond to Post EBT Demands for discovery, dated November 30, 2021, in accordance with the Compliance Conference Order, dated September 15, 2021; and/or 1 of 2 FILED: KINGS COUNTY CLERK 01/21/2022 05:20 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/21/2022 (b) pursuant to CPLR 3126, precluding said Defendants from offering evidence or testimony at the trial of this matter; or, in the alternative, (c) striking the pleadings of said Defendants for failing to provide disclosures and responses to said outstanding discovery demands, in violation of the Order of this Court; and (d) for such other and further relief that to this Court may seem just and proper under the circumstances herein. CERTIFICATION: Pursuant to 22 NYCRR 130-1.1, it is hereby certified that to the best of the undersigned's knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the annexed papers or contentions therein are not frivolous as defmed by 22 NYCRR 1.1 (c). ANSWERING PAPERS: Any answering papers are to be served within seven (7) days of the return date or adjourned date of this motion, pursuant to CPLR § 2214(b) Dated: Forest Hills, New York January 21, 2022 Respectfully submitt . THE LAW FI F AVIDOFF & ASSOCIATES By: JO IM, E b. _' Atton >_ or Plaintif fs) SA M. LANZA 108-18 Queens Boulevard, Suite 404 Forest Hills, New York 11375 (718) 268-8800 TO: LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendants SANTO MERCEDES BAEZ and GUMA CONSTRUCTION CORP. 13d' One Whitehall Street, Floor New York, New York 10004-2109 (212) 248-9100 2 2 of 2