Preview
FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
SILAS AJAWUIHE,
Plaintiff, Index No.: 151617/21
-against- NOTICE OF MOTION
"JANE"
LAWRENCE MATHE and MATHE, the first Return Date: July 27, 2022
name being fictitious,
Honorable Ralph Porzio
Defendants.
S I R S ;
MOTION BY: Borrell & Riso, L.L.P.
Attorneys for Defendants
DATE, TIME & PLACE OF HEARING: July 27, 2022 at 11:30 a.m. to be held virtually via
teleconference before the Motion Part at the
Courthouse located at 26 Central Avenue, Staten
Island, New York
SUPPORTING PAPERS: Affirmation of Jeffrey F.G. Borrell dated July 7,
2022 and Affirmation of Good Faith dated July 7,
2022
RELIEF DEMANDED: for an Order, pursuant to §3124 and 3126,
compelling Plaintiff to respond to outstanding
Post EBT Demands Notice for Discovery and
Inspection dated March 31, 2022 and ifPlaintiff
failsto by a date certain, striking Plaintiff's
Complaint, or alternatively, precluding Plaintiff
from offering any evidence at the time of trial and
granting Defendant with allfavorable inferences,
and for summary judgment, together with such
other and further relief as this Court may deem
just and proper.
PLEASE TAKE FURTHER NOTICE: Answering Affidavits/Affirmations, if any, are
required to be served at least seven (7) days prior to
the return date herein.
1 of 4
FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022
Dated: Staten Island, New York
July 7, 2022
Yo s, etc.
RISO, LLP
Attorn f Defendants
"JANE"
LA E MATHE and MATHE,
fir name being fictitious
150 ylan Boulevard
ten Island, NY 10305
(718) 667-8600
TO: PILLINGER MILLER TARALLO, LLP
Attorneys for Plaintiff
SILAS AJAWUIHE
Taxter 5th Floor
555 Road,
Elmsford, NY 10523
(914) 703-6300
2 of 4
FILED:1J
-= RICHMOND
certitythat
COUNTY
the withm
CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021
NYSCEF 8yAnurney
DOC. NO.
has 45
been compared by me with the original
and found tobe a trueand complete copy. RECEIVED NYSCEF: 07/07/2022
O statethatI am
the attorney(s)of recordfor in thewithin
action:I haveread the and know the contentsthereof;
foregoing
the same is true
to my own knowledge, except as tothe mattersthereinalleged to be oninformation and belief,and as to thosematters
I believeit to
be true.The reason this is made
verification by me and not by
The grounds of my beliefas to all
mattersnot statedupon my own knowledge are as follows:
I affirm
thattheforegoing statements are true,
under the penalties
of perjury.
Dated:
STATE OF NEW YORK, COUNTY OF ss.:
I,the undersigned,being duly sworn,depose and say:I am
in theaction;I haveread theforegoing
and know the contentsthereof;the same is true
to my own knowledge, except
as to themattersthereinstatedto be allegedon informationand belief,and as tothose mattersI believeit to be true.
O the of
a corporationand a partyin the withinaction,I haveread theforegoing
and know thecontents thereof;and thesame istrueto my own knowledge,
except as tothe matters thereinstatedto be alleged upon information and belief,and as to thosematters I believe itto be true.This
verification
is made by me because theabove party is a corporation
and I am an officerthereof.
The grounds of my belief asto allmattersnot statedupon my own knowledge areas follows:
Sworn to beforeme on
STATE OF NEW YORK, COUNTY OF ss.: (1fmorethanoneboxischecked-indicateanernamestype
orservlecused.)
1, the
undersigned, being swom, say:I am nota party to the
action,am over 18 yearsof age and resideat
On I servedthe within
8'"**
O by mailing a copy ofeach of the followingpersons at thelast
known address set forth
aftereach name below.
by deliveringa truecopy of each personallyto each personnamed below at the
address indicated.I knew each person served
O servc"= to be theperson mentioned and described insaid papersas a partytherein:
by transmittinga copy to thefollowing persons by O FAX at the
telephone number set forthaftereach name below O E-MAIL
O amann= at theE-Mail address setforth aftereach name below, which was designated by the attorneyforsuch purpose, and by mailing a
copy to the addressset forthaftereach name.
O by dispatchinga copy by overnightdelivery to eachofthe following persons at thelastknown address set forthaftereach name
below.
Sworn tobefore me on
3 of 4
FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022
SUPREME
COURT
RICHMOND 151617 2021
STATE OF NEW YORK, COUNTY OF Index No. Year
SILAS AJAWUIHE,
Plaintiff,
-against-
"JANE"
LAWRENCE MATHE and MATHE, the first name being fictitious
Defendants.
Of*
WOIICE 1v10110N, AF F1K1V1A11UN IN biU YFUKl', AP F1K1VIA11UN UF GUUU FA111Ó
Borrell & Riso, L.L.P.
Attorneysand Counselorsat Law
Attorney(s)for
OBEce and PostOjice Address. Telephone
1500 Hylan Boulevard
Staten Island, New York 10305
(718) 667-8600
Signature (Rule 130-1.1-a)
Printnamebeneath
Service of a copy of the within ishereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court. at
on at M.
Dated.
4 Yours,4
of etc.
Preview
FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND SILAS AJAWUIHE, Plaintiff, Index No.: 151617/21 -against- NOTICE OF MOTION "JANE" LAWRENCE MATHE and MATHE, the first Return Date: July 27, 2022 name being fictitious, Honorable Ralph Porzio Defendants. S I R S ; MOTION BY: Borrell & Riso, L.L.P. Attorneys for Defendants DATE, TIME & PLACE OF HEARING: July 27, 2022 at 11:30 a.m. to be held virtually via teleconference before the Motion Part at the Courthouse located at 26 Central Avenue, Staten Island, New York SUPPORTING PAPERS: Affirmation of Jeffrey F.G. Borrell dated July 7, 2022 and Affirmation of Good Faith dated July 7, 2022 RELIEF DEMANDED: for an Order, pursuant to §3124 and 3126, compelling Plaintiff to respond to outstanding Post EBT Demands Notice for Discovery and Inspection dated March 31, 2022 and ifPlaintiff failsto by a date certain, striking Plaintiff's Complaint, or alternatively, precluding Plaintiff from offering any evidence at the time of trial and granting Defendant with allfavorable inferences, and for summary judgment, together with such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE: Answering Affidavits/Affirmations, if any, are required to be served at least seven (7) days prior to the return date herein. 1 of 4 FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022 Dated: Staten Island, New York July 7, 2022 Yo s, etc. RISO, LLP Attorn f Defendants "JANE" LA E MATHE and MATHE, fir name being fictitious 150 ylan Boulevard ten Island, NY 10305 (718) 667-8600 TO: PILLINGER MILLER TARALLO, LLP Attorneys for Plaintiff SILAS AJAWUIHE Taxter 5th Floor 555 Road, Elmsford, NY 10523 (914) 703-6300 2 of 4 FILED:1J -= RICHMOND certitythat COUNTY the withm CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021 NYSCEF 8yAnurney DOC. NO. has 45 been compared by me with the original and found tobe a trueand complete copy. RECEIVED NYSCEF: 07/07/2022 O statethatI am the attorney(s)of recordfor in thewithin action:I haveread the and know the contentsthereof; foregoing the same is true to my own knowledge, except as tothe mattersthereinalleged to be oninformation and belief,and as to thosematters I believeit to be true.The reason this is made verification by me and not by The grounds of my beliefas to all mattersnot statedupon my own knowledge are as follows: I affirm thattheforegoing statements are true, under the penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF ss.: I,the undersigned,being duly sworn,depose and say:I am in theaction;I haveread theforegoing and know the contentsthereof;the same is true to my own knowledge, except as to themattersthereinstatedto be allegedon informationand belief,and as tothose mattersI believeit to be true. O the of a corporationand a partyin the withinaction,I haveread theforegoing and know thecontents thereof;and thesame istrueto my own knowledge, except as tothe matters thereinstatedto be alleged upon information and belief,and as to thosematters I believe itto be true.This verification is made by me because theabove party is a corporation and I am an officerthereof. The grounds of my belief asto allmattersnot statedupon my own knowledge areas follows: Sworn to beforeme on STATE OF NEW YORK, COUNTY OF ss.: (1fmorethanoneboxischecked-indicateanernamestype orservlecused.) 1, the undersigned, being swom, say:I am nota party to the action,am over 18 yearsof age and resideat On I servedthe within 8'"** O by mailing a copy ofeach of the followingpersons at thelast known address set forth aftereach name below. by deliveringa truecopy of each personallyto each personnamed below at the address indicated.I knew each person served O servc"= to be theperson mentioned and described insaid papersas a partytherein: by transmittinga copy to thefollowing persons by O FAX at the telephone number set forthaftereach name below O E-MAIL O amann= at theE-Mail address setforth aftereach name below, which was designated by the attorneyforsuch purpose, and by mailing a copy to the addressset forthaftereach name. O by dispatchinga copy by overnightdelivery to eachofthe following persons at thelastknown address set forthaftereach name below. Sworn tobefore me on 3 of 4 FILED: RICHMOND COUNTY CLERK 07/07/2022 09:55 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 07/07/2022 SUPREME COURT RICHMOND 151617 2021 STATE OF NEW YORK, COUNTY OF Index No. Year SILAS AJAWUIHE, Plaintiff, -against- "JANE" LAWRENCE MATHE and MATHE, the first name being fictitious Defendants. Of* WOIICE 1v10110N, AF F1K1V1A11UN IN biU YFUKl', AP F1K1VIA11UN UF GUUU FA111Ó Borrell & Riso, L.L.P. Attorneysand Counselorsat Law Attorney(s)for OBEce and PostOjice Address. Telephone 1500 Hylan Boulevard Staten Island, New York 10305 (718) 667-8600 Signature (Rule 130-1.1-a) Printnamebeneath Service of a copy of the within ishereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court. at on at M. Dated. 4 Yours,4 of etc.