Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021
LBBS File No.: 44837.170
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
MARIA BABAYAN,
Plaintiff,
Index No.: 17132/2014
-against-
NOTICE OF MOTION FOR
THE CITY OF NEW YORK, VERIZON NEW SUMMARY JUDGMENT
YORK, INC., CONSOLIDATED EDISON, INC.,
and V.N.A. CONTRACTING CO., INC.,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that upon the affirmation of Shirley Karasick, dated May 19,
2021, affidavit of Aaron Crawford, sworn to on May18, 2021, the exhibits annexed thereto, and
upon the pleadings and all proceedings heretofore had herein, Defendant VERIZON NEW YORK
INC. (“VZNY”) will move this Court at a Part to be assigned by I.A.S., at the Supreme Court of the
State of New York, Kings County, at the Courthouse located at 360 Adams Street, Brooklyn, New
York 11201, on July 7, 2021 at 9:30 o’clock in the forenoon of that date or as soon thereafter as
counsel can be heard, for an Order:
a. pursuant to CPLR § 3212 granting summary judgment as to VZNY and
dismissing the Complaint and all cross-claims against it, with prejudice;
and
b. directing entry of judgment of dismissal, with prejudice, in favor of
Defendant VZNY; or, in the alternative,
c. granting partial summary judgment as to any of the issues addressed
herein; and
d. for such further and other relief as this Honorable Court may deem just
and proper.
4811-6284-9258.1
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FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), answering papers,
if any, including cross-motions, are to be served no later than seven (7) days prior to the return date
of this motion.
Dated: New York, New York
May 19, 2021
LEWIS BRISBOIS BISGAARD & SMITH LLP
Shirley Karasick
Shirley Karasick
Attorneys for Defendant
VERIZON NEW YORK INC.
77 Water Street, 21st Floor
New York, New York 10005
Tel No.: (212) 232-1300
TO:
Katherine Howells, Esq.
GOIDEL & SIEGEL, LLP
Attorneys for Plaintiff
MARIA BABAYAN
56 W. 45th Street, 3rd Floor
New York, New York 10036
Tel: (212) 840-3737
Vlad Turkiya, Esq.
JAMES E. JOHNSON, ESQ.
Corporation Counsel
Attorney for Defendant
CITY OF NEW YORK
350 Jay Street
Brooklyn, New York 11201
Tel: (718) 834-4167
Marcin J. Kurzatkowski, Esq.
RUSSO & GOULD LLP.
Attorney for Defendant
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
33 Whitehall Street, 16th Floor
New York, New York 10004
Tel: 212-482-0001
2
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FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021
Kerrie Barry, Esq.
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
V.N.A. CONTRACTING CO., INC.
1 Whitehall Street, 13th Floor
New York, New York 10004
Tel: (212) 248-9100
3
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Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021 LBBS File No.: 44837.170 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X MARIA BABAYAN, Plaintiff, Index No.: 17132/2014 -against- NOTICE OF MOTION FOR THE CITY OF NEW YORK, VERIZON NEW SUMMARY JUDGMENT YORK, INC., CONSOLIDATED EDISON, INC., and V.N.A. CONTRACTING CO., INC., Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that upon the affirmation of Shirley Karasick, dated May 19, 2021, affidavit of Aaron Crawford, sworn to on May18, 2021, the exhibits annexed thereto, and upon the pleadings and all proceedings heretofore had herein, Defendant VERIZON NEW YORK INC. (“VZNY”) will move this Court at a Part to be assigned by I.A.S., at the Supreme Court of the State of New York, Kings County, at the Courthouse located at 360 Adams Street, Brooklyn, New York 11201, on July 7, 2021 at 9:30 o’clock in the forenoon of that date or as soon thereafter as counsel can be heard, for an Order: a. pursuant to CPLR § 3212 granting summary judgment as to VZNY and dismissing the Complaint and all cross-claims against it, with prejudice; and b. directing entry of judgment of dismissal, with prejudice, in favor of Defendant VZNY; or, in the alternative, c. granting partial summary judgment as to any of the issues addressed herein; and d. for such further and other relief as this Honorable Court may deem just and proper. 4811-6284-9258.1 1 of 3 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), answering papers, if any, including cross-motions, are to be served no later than seven (7) days prior to the return date of this motion. Dated: New York, New York May 19, 2021 LEWIS BRISBOIS BISGAARD & SMITH LLP Shirley Karasick Shirley Karasick Attorneys for Defendant VERIZON NEW YORK INC. 77 Water Street, 21st Floor New York, New York 10005 Tel No.: (212) 232-1300 TO: Katherine Howells, Esq. GOIDEL & SIEGEL, LLP Attorneys for Plaintiff MARIA BABAYAN 56 W. 45th Street, 3rd Floor New York, New York 10036 Tel: (212) 840-3737 Vlad Turkiya, Esq. JAMES E. JOHNSON, ESQ. Corporation Counsel Attorney for Defendant CITY OF NEW YORK 350 Jay Street Brooklyn, New York 11201 Tel: (718) 834-4167 Marcin J. Kurzatkowski, Esq. RUSSO & GOULD LLP. Attorney for Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 33 Whitehall Street, 16th Floor New York, New York 10004 Tel: 212-482-0001 2 2 of 3 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/19/2021 Kerrie Barry, Esq. LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant V.N.A. CONTRACTING CO., INC. 1 Whitehall Street, 13th Floor New York, New York 10004 Tel: (212) 248-9100 3 3 of 3