On December 11, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Doris Konig,
and
New York City Transit Authority,
for Torts - Other (Trip and Fall)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 12/02/2021 03:07 PM INDEX NO. 526939/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
DORIS KONIG, Index No.: 526939/2019
Plaintiff, Notice of Motion
-against-
NEW YORK CITY TRANSIT AUTHORITY,
Defendant.
Please take notice that upon the Affirmation of Joseph P. DePaola, Esq.,
dated December 2, 2021, and all accompanying exhibits, and upon all of the
pleadings and proceedings heretofore had herein, Plaintiff Doris Konig will move
this Court at an IAS Part to be assigned at the Courthouse at 360 Adams Street,
Brooklyn, New York, on December 20, 2021, at 9:30 A.M., or as soon thereafter as
counsel can be heard for an Order: (1) an order pursuant to CPLR §3124 striking
Defendant New York City Transit Authority’s Answer with prejudice for their
failure to respond to the Plaintiff’s Combined Demands for Discovery, granting a
default judgment against Defendant New York City Transit Authority, and (2) an
order pursuant to CPLR §3126 precluding and prohibiting Defendant New York
City Transit Authority from (a) supporting the defenses set forth in their answer,
(b) from opposing the claims set forth in Plaintiff’s complaint, and (c) from
producing any witnesses to support such defenses or oppose such claims, together
with such other and further relief as this Court deems just and proper.
1
1 of 2
FILED: KINGS COUNTY CLERK 12/02/2021 03:07 PM INDEX NO. 526939/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/02/2021
Please take further notice, that pursuant to CPLR §2214(b) answering
papers, if any, must be served upon the undersigned at least seven days before the
return date of this motion.
Dated: New York, New York
December 2, 2021
Respectfully submitted,
GREENBERG LAW, P.C.
By: ______________________________
Joseph P. DePaola
370 Lexington Avenue, Suite 1100
New York, New York 10017
Tel: (212) 972-5656
Email: joe@greenberglawpc.com
Attorneys for Plaintiff
To: Lawrence Heisler, Esq.
130 Livingston Street
Brooklyn, New York 11201
Tel: (718) 694-3964
2
2 of 2
Document Filed Date
December 02, 2021
Case Filing Date
December 11, 2019
Category
Torts - Other (Trip and Fall)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: KINGS COUNTY CLERK 12/02/2021 03:07 PM INDEX NO. 526939/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DORIS KONIG, Index No.: 526939/2019 Plaintiff, Notice of Motion -against- NEW YORK CITY TRANSIT AUTHORITY, Defendant. Please take notice that upon the Affirmation of Joseph P. DePaola, Esq., dated December 2, 2021, and all accompanying exhibits, and upon all of the pleadings and proceedings heretofore had herein, Plaintiff Doris Konig will move this Court at an IAS Part to be assigned at the Courthouse at 360 Adams Street, Brooklyn, New York, on December 20, 2021, at 9:30 A.M., or as soon thereafter as counsel can be heard for an Order: (1) an order pursuant to CPLR §3124 striking Defendant New York City Transit Authority’s Answer with prejudice for their failure to respond to the Plaintiff’s Combined Demands for Discovery, granting a default judgment against Defendant New York City Transit Authority, and (2) an order pursuant to CPLR §3126 precluding and prohibiting Defendant New York City Transit Authority from (a) supporting the defenses set forth in their answer, (b) from opposing the claims set forth in Plaintiff’s complaint, and (c) from producing any witnesses to support such defenses or oppose such claims, together with such other and further relief as this Court deems just and proper. 1 1 of 2 FILED: KINGS COUNTY CLERK 12/02/2021 03:07 PM INDEX NO. 526939/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/02/2021 Please take further notice, that pursuant to CPLR §2214(b) answering papers, if any, must be served upon the undersigned at least seven days before the return date of this motion. Dated: New York, New York December 2, 2021 Respectfully submitted, GREENBERG LAW, P.C. By: ______________________________ Joseph P. DePaola 370 Lexington Avenue, Suite 1100 New York, New York 10017 Tel: (212) 972-5656 Email: joe@greenberglawpc.com Attorneys for Plaintiff To: Lawrence Heisler, Esq. 130 Livingston Street Brooklyn, New York 11201 Tel: (718) 694-3964 2 2 of 2