Preview
FILED: ROCKLAND COUNTY CLERK 09/09/2021
09/21/2021 02:47
03:48 PM INDEX NO. 035203/2021
NYSCEF DOC. NO. 7
11 RECEIVED NYSCEF: 09/09/2021
09/21/2021
At a
Court
Motion
of the
Term lAS
State of New
Part -=-
York,
of
held
the Supreme
in and for the
County of Rockland at the Courthouse located at I
South Main Street, New City, New York on the
daYOf~,202J. '
PRESENT:
HON. HON. ROLE M. THORSEN. AJ.s.c.
Justice
-------------------------------------------------------------------J(
In the Matter of the Application, pursuant
to CPLR 3102 (c), of
IndeJ(No.: 0352.03/2.02.\ E
JOSEPH GONZALEZ,
Petitioner, ORDER TO SHOW CAUSE
Permitting Discovery and Inspection
for the Purposes of Framing a Complaint
and Preserving Evidence and Furnishing
for Purposes of Inspection, EJ(amination
and Duplication,
-against-
MAVIS DISCOUNT TIRE,
Respondent.
-------------------------------------------------------------------J(
Upon the anneJ(ed attorney Affirmation of JARED T. LEVINE, ESQ., dated September
3,2021, Affirmation of Good Faith of JARED T. LEVINE, ESQ. and the eJ(hibits anneJ(ed hereto
. let Respondent, MAVIS DISCOUNT TIRE,
SHOW CAUSE at lAS Part - of this Court, located at I South Main Street, New City,
New York, on the ~ay of 0~ W ,202 f at 9:30 o'clock in the forenoon of that day,
or as soon thereafter as counsel can be heard~
WHY an Order pursuant to CPLR '31 02(c), should not be entered, as follows:
~ N0 ([(tS~N~ ~ecA~.
fM~ ONU-).
11 of
of 15
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09/21/2021 02:47
03:48 PM INDEX NO. 035203/2021
NYSCEF DOC. NO. 7
11 RECEIVED NYSCEF: 09/09/2021
09/21/2021
I. Permitting petitioner discovery and inspection of the following records and
information for the purposes of framing a Complaint:
1. All investigation, accident and incident reports for the occurrence in
question prepared in the regular course of business and photographs
and/or video of the location ofthe occurrence taken by the respondent or
their agents following the occurrence on April 2, 2021;
2. All maintenance reports, repair records, prior complaints and/or accident
records prepared in the regular course of business for the maintenance
and repair of the blow torch and blow torch hose which exploded while
Petitioner used said blow torch on April 2, 2021 and two years prior;
3. All invoices, bill of sales, purchase orders, contracts, work orders, repair
orders or other documentation concerning the make, model, serial
number and manufacturer of the subject blow torch and blow torch hose
which exploded while Petitioner used said blow torch on April 2, 2021
and two years prior;
4. Preserve for inspection and Order to not modify or destroy the subject
blow torch and blow torch hose which exploded at the aforementioned
time.
and for such other relief as to this Court may seem just and proper.
Sufficient cause appearing therefore, it is
-I-hl Pe:Frt\o 'f\.
0.
ORDERED THAT service of a copy of this Order to Show Cause, together wit,*he papers
upon which it is granted, upon MAVIS DISCOUNT TIRE, 81 Smith Street, Nanuet, NY 10954
and the corporate offices of MAVIS DISCOUNT TIRE located at 358 Saw Mill Rive;ead,
Millwood NY 10546, by personal service . on or before the I (p day of
~~ W 2021 be deemed good and SUff7) .
.. ENPRI1m l.S.
I'-
HON. ROLF M. THORSEN, A.J.5.C.
22 of
of 15
2
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-------------------------------------------------------------------x
In the Matter of the Application, pursuant
to CPLR 3102 (c), of
JOSEPH GONZALEZ,
Petitioner, AFFIRMATION
Permitting Discovery and Inspection Index No.:
for the Purposes of Framing a Complaint
and Preserving Evidence and Furnishing
for Purposes of Inspection, Examination
and Duplication,
-against-
MAVIS DISCOUNT TIRE,
Respondent.
-------------------------------------------------------------------x
JARED T. LEVINE, ESQ. an attorney duly admitted to practice law in the State of
New York, affirms the following under penalties of perjury:
1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys
for the petitioner herein, and am fully familiar with the facts and circumstances of the within action.
2. I make this Affirmation upon information and belief, the source of my
knowledge being the facts, investigation, and information contained in the file maintained in my
office.
3. This Affirmation is submitted in support of the instant application, for an Order
pursuant to CPLR §3102(c), permitting petitioner disclosure for the purposes of framing a
Complaint and an Order preserving evidence, as set forth in detail in the accompanying Order to
Show Cause, as follows:
3 of 15
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A. Permitting petitioner discovery and inspection of the following records and
information for the purposes of framing a Complaint:
(a) All investigation, accident and incident reports for the occurrence
in question prepared in the regular course of business and
photographs and/or video of the location of the occurrence taken
by the respondent or their agents following the occurrence on April
2, 2021;
(b) All maintenance reports, repair records, prior complaints and/or
accident records prepared in the regular course of business for the
maintenance and repair of the blow torch and blow torch hose
which exploded while Petitioner used said blow torch on April 2,
2021 and two years prior;
(c) All invoices, bill of sales, purchase orders, contracts, work orders,
repair orders or other documentation concerning the make, model,
serial number and manufacturer of the subject blow torch and blow
torch hose which exploded while Petitioner used said blow torch
on April 2, 2021 and two years prior;
(d) Preserve for inspection and Order to not modify or destroy the
subject blow torch and blow torch hose which exploded at the
aforementioned time.
4. The application should be granted in all respects, in that such disclosure is
necessary to properly frame a Complaint, identify and preserve non-permanent evidence, and
permit the investigation of this matter to proceed so as to promptly identify all probable culpable
parties and to properly name all necessary parties as defendants. Petitioner has no other method,
at this time, to obtain the relief requested.
5. On April 2, 2021, petitioner JOSEPH GONZALEZ was lawfully upon the
premises known as Mavis Discount Tire located at 81 Smith Street, Nanuet, New York. At that
time, Petitioner was employed by Respondent MAVIS DISCOUNT TIRE as a mechanic and
was performing his duties within the scope of his employment with Respondent. At the above
time and place, Petitioner was caused to sustain severe personal injuries when the blow
4 of 15
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021
torch/blow torch hose he was properly using exploded, causing burns and permanent scarring to
his body. Upon information and belief, the blow torch hose was either not properly manufactured
and/or designed defectively or not properly installed and/or maintained.
6. Over the last several months, your affirmant has attempted to obtain the
information regarding the make, model, serial number and manufacturer of the blow torch and
blow torch hose by sending letters to Respondent and placing phones as well. However, to date,
we have not received any responses to our inquiries.
7. We seek immediate production of all of the above requested documents and
accident/incident reports so that actions can be properly commenced against all necessary
defendants. Petitioner is barred from commencing an action against Respondent directly due to
Workers’ Compensation. We have no other way of identifying those additional entities
responsible for the incident within the subject premises at this time.
8. This matter is brought on by Order to Show Cause since time is of the essence.
Petitioner cannot discover the information outlined above from any other source and will have no
other way of protecting his rights and/or identifying all parties responsible for this incident,
should the Court deny this application.
9. No prior application for the relief requested herein has been made in this or any
other Court.
WHEREFORE, it is respectfully requested that this Court grant the instant application in
all respects, and for such other, further and different relief as to this Court may seem just and
proper.
DATED: New York, New York
September 3, 2021 _________________________________
JARED T. LEVINE
5 of 15
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-------------------------------------------------------------------x
In the Matter of the Application, pursuant
to CPLR 3102 (c), of
JOSEPH GONZALEZ,
Petitioner, AFFIRMATION OF
GOOD FAITH
Permitting Discovery and Inspection Index No.:
for the Purposes of Framing a Complaint
and Preserving Evidence and Furnishing
for Purposes of Inspection, Examination
and Duplication,
-against-
MAVIS DISCOUNT TIRE,
Respondent.
-------------------------------------------------------------------x
JARED T. LEVINE, an attorney duly admitted to practice law in the State of New York,
affirms the following under penalties of perjury:
1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the
petitioner herein, and am fully familiar with the facts and circumstances of the within action.
2. I have attempted in good faith to resolve the matters set forth in this application, which
seeks an Order pursuant to CPLR §3102(c), permitting petitioner disclosure for the purposes of
framing a Complaint and preserving evidence, as set forth in detail in the accompanying Order to
Show Cause.
3. Over the last several months, your affirmant has contacted several individuals within
the agencies of the Respondent. However, to date, we have not received any responses to our
inquiries.
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4. Petitioner would be severely prejudiced if he were not able to obtain the third-party
manufacturer information, accident report and/or all investigative materials. I have made all
possible efforts to obtain the consent of the respondent without the necessity of seeking this Court’s
Order.
DATED: New York, New York
September 3, 2021
____________________________
JARED T. LEVINE
7 of 15
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-------------------------------------------------------------------x
In the Matter of the Application, pursuant
to CPLR 3102 (c), of
JOSEPH GONZALEZ,
Petitioner, CERTIFICATION
Permitting Discovery and Inspection Index No.:
for the Purposes of Framing a Complaint
and Preserving Evidence and Furnishing
for Purposes of Inspection, Examination
and Duplication,
-against-
MAVIS DISCOUNT TIRE,
Respondent.
-------------------------------------------------------------------x
JARED T. LEVINE, an attorney duly admitted to practice law in the State of New York,
affirms the following under penalties of perjury:
1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the
petitioner herein, and am fully familiar with the facts and circumstances of the within action.
2. This Certification is submitted in compliance with Part 130 of the Rules of the Chief
Administrator. To the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, the presentation of the Order to Show Cause, Affirmation and
all other papers annexed hereto, and the contentions therein, are not frivolous as defined in
Subsection (c) of Section 130-1.1 of the Rules of the Chief Administrator.
DATED: New York, New York
September 3, 2021
___________________________________
JARED T. LEVINE
8 of 15
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND CERTIFICATE
---------------------------------------------------------------x PURSUANT TO §202.7(f)
In the Matter of the Application,
pursuant to CPLR 3102(c), of Index No.:
JOSEPH GONZALEZ,
Petitioner,
Permitting Discovery and Inspection
for the Purposes of Framing a Complaint
and Preserving Evidence and Furnishing
for Purposes of Inspection, Examination
and Duplication,
-against-
MAVIS DISCOUNT TIRE,
Respondent.
----------------------------------------------------------------x
JARED T. LEVINE, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalty of perjury:
1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys
for the petitioner herein, and am fully familiar with the facts and circumstances of the within action.
2. There will be significant prejudice to the Petitioner by giving notice of the
enclosed application to the Respondent, as they have expressed a complete lack of cooperation and
may invariably alter and/or modify the third-party contracts, accident reports and investigation
materials which may shed light on the proper party who was responsible for the blow torch and
blow torch hose which malfunctioned and caused the Petitioner to sustain serious injuries.
9 of 15
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021
3. Respondent has failed to comply with Petitioner’s requests for a copy of the
third-party manufacturer information, accident report and investigation materials, and to preserve
the subject blow torch and blow torch hose and therefore judicial intervention is required.
DATED: New York, New York
September 3, 2021
____________________________
JARED T. LEVINE
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24th
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24th
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FILED: ROCKLAND COUNTY CLERK 09/20/2021
09/21/2021 11:23
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PM INDEX NO. 035203/2021
NYSCEF DOC. NO. 8
11 RECEIVED NYSCEF: 09/20/2021
09/21/2021
141 of 1
15
FILED: ROCKLAND COUNTY CLERK 09/21/2021 02:52
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NYSCEF DOC. NO. 10
11 RECEIVED NYSCEF: 09/21/2021
151 of 1
15
Preview
FILED: ROCKLAND COUNTY CLERK 09/09/2021 09/21/2021 02:47 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 7 11 RECEIVED NYSCEF: 09/09/2021 09/21/2021 At a Court Motion of the Term lAS State of New Part -=- York, of held the Supreme in and for the County of Rockland at the Courthouse located at I South Main Street, New City, New York on the daYOf~,202J. ' PRESENT: HON. HON. ROLE M. THORSEN. AJ.s.c. Justice -------------------------------------------------------------------J( In the Matter of the Application, pursuant to CPLR 3102 (c), of IndeJ(No.: 0352.03/2.02.\ E JOSEPH GONZALEZ, Petitioner, ORDER TO SHOW CAUSE Permitting Discovery and Inspection for the Purposes of Framing a Complaint and Preserving Evidence and Furnishing for Purposes of Inspection, EJ(amination and Duplication, -against- MAVIS DISCOUNT TIRE, Respondent. -------------------------------------------------------------------J( Upon the anneJ(ed attorney Affirmation of JARED T. LEVINE, ESQ., dated September 3,2021, Affirmation of Good Faith of JARED T. LEVINE, ESQ. and the eJ(hibits anneJ(ed hereto . let Respondent, MAVIS DISCOUNT TIRE, SHOW CAUSE at lAS Part - of this Court, located at I South Main Street, New City, New York, on the ~ay of 0~ W ,202 f at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard~ WHY an Order pursuant to CPLR '31 02(c), should not be entered, as follows: ~ N0 ([(tS~N~ ~ecA~. fM~ ONU-). 11 of of 15 2 FILED: ROCKLAND COUNTY CLERK 09/09/2021 09/21/2021 02:47 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 7 11 RECEIVED NYSCEF: 09/09/2021 09/21/2021 I. Permitting petitioner discovery and inspection of the following records and information for the purposes of framing a Complaint: 1. All investigation, accident and incident reports for the occurrence in question prepared in the regular course of business and photographs and/or video of the location ofthe occurrence taken by the respondent or their agents following the occurrence on April 2, 2021; 2. All maintenance reports, repair records, prior complaints and/or accident records prepared in the regular course of business for the maintenance and repair of the blow torch and blow torch hose which exploded while Petitioner used said blow torch on April 2, 2021 and two years prior; 3. All invoices, bill of sales, purchase orders, contracts, work orders, repair orders or other documentation concerning the make, model, serial number and manufacturer of the subject blow torch and blow torch hose which exploded while Petitioner used said blow torch on April 2, 2021 and two years prior; 4. Preserve for inspection and Order to not modify or destroy the subject blow torch and blow torch hose which exploded at the aforementioned time. and for such other relief as to this Court may seem just and proper. Sufficient cause appearing therefore, it is -I-hl Pe:Frt\o 'f\. 0. ORDERED THAT service of a copy of this Order to Show Cause, together wit,*he papers upon which it is granted, upon MAVIS DISCOUNT TIRE, 81 Smith Street, Nanuet, NY 10954 and the corporate offices of MAVIS DISCOUNT TIRE located at 358 Saw Mill Rive;ead, Millwood NY 10546, by personal service . on or before the I (p day of ~~ W 2021 be deemed good and SUff7) . .. ENPRI1m l.S. I'- HON. ROLF M. THORSEN, A.J.5.C. 22 of of 15 2 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -------------------------------------------------------------------x In the Matter of the Application, pursuant to CPLR 3102 (c), of JOSEPH GONZALEZ, Petitioner, AFFIRMATION Permitting Discovery and Inspection Index No.: for the Purposes of Framing a Complaint and Preserving Evidence and Furnishing for Purposes of Inspection, Examination and Duplication, -against- MAVIS DISCOUNT TIRE, Respondent. -------------------------------------------------------------------x JARED T. LEVINE, ESQ. an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury: 1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the petitioner herein, and am fully familiar with the facts and circumstances of the within action. 2. I make this Affirmation upon information and belief, the source of my knowledge being the facts, investigation, and information contained in the file maintained in my office. 3. This Affirmation is submitted in support of the instant application, for an Order pursuant to CPLR §3102(c), permitting petitioner disclosure for the purposes of framing a Complaint and an Order preserving evidence, as set forth in detail in the accompanying Order to Show Cause, as follows: 3 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 A. Permitting petitioner discovery and inspection of the following records and information for the purposes of framing a Complaint: (a) All investigation, accident and incident reports for the occurrence in question prepared in the regular course of business and photographs and/or video of the location of the occurrence taken by the respondent or their agents following the occurrence on April 2, 2021; (b) All maintenance reports, repair records, prior complaints and/or accident records prepared in the regular course of business for the maintenance and repair of the blow torch and blow torch hose which exploded while Petitioner used said blow torch on April 2, 2021 and two years prior; (c) All invoices, bill of sales, purchase orders, contracts, work orders, repair orders or other documentation concerning the make, model, serial number and manufacturer of the subject blow torch and blow torch hose which exploded while Petitioner used said blow torch on April 2, 2021 and two years prior; (d) Preserve for inspection and Order to not modify or destroy the subject blow torch and blow torch hose which exploded at the aforementioned time. 4. The application should be granted in all respects, in that such disclosure is necessary to properly frame a Complaint, identify and preserve non-permanent evidence, and permit the investigation of this matter to proceed so as to promptly identify all probable culpable parties and to properly name all necessary parties as defendants. Petitioner has no other method, at this time, to obtain the relief requested. 5. On April 2, 2021, petitioner JOSEPH GONZALEZ was lawfully upon the premises known as Mavis Discount Tire located at 81 Smith Street, Nanuet, New York. At that time, Petitioner was employed by Respondent MAVIS DISCOUNT TIRE as a mechanic and was performing his duties within the scope of his employment with Respondent. At the above time and place, Petitioner was caused to sustain severe personal injuries when the blow 4 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 torch/blow torch hose he was properly using exploded, causing burns and permanent scarring to his body. Upon information and belief, the blow torch hose was either not properly manufactured and/or designed defectively or not properly installed and/or maintained. 6. Over the last several months, your affirmant has attempted to obtain the information regarding the make, model, serial number and manufacturer of the blow torch and blow torch hose by sending letters to Respondent and placing phones as well. However, to date, we have not received any responses to our inquiries. 7. We seek immediate production of all of the above requested documents and accident/incident reports so that actions can be properly commenced against all necessary defendants. Petitioner is barred from commencing an action against Respondent directly due to Workers’ Compensation. We have no other way of identifying those additional entities responsible for the incident within the subject premises at this time. 8. This matter is brought on by Order to Show Cause since time is of the essence. Petitioner cannot discover the information outlined above from any other source and will have no other way of protecting his rights and/or identifying all parties responsible for this incident, should the Court deny this application. 9. No prior application for the relief requested herein has been made in this or any other Court. WHEREFORE, it is respectfully requested that this Court grant the instant application in all respects, and for such other, further and different relief as to this Court may seem just and proper. DATED: New York, New York September 3, 2021 _________________________________ JARED T. LEVINE 5 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -------------------------------------------------------------------x In the Matter of the Application, pursuant to CPLR 3102 (c), of JOSEPH GONZALEZ, Petitioner, AFFIRMATION OF GOOD FAITH Permitting Discovery and Inspection Index No.: for the Purposes of Framing a Complaint and Preserving Evidence and Furnishing for Purposes of Inspection, Examination and Duplication, -against- MAVIS DISCOUNT TIRE, Respondent. -------------------------------------------------------------------x JARED T. LEVINE, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury: 1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the petitioner herein, and am fully familiar with the facts and circumstances of the within action. 2. I have attempted in good faith to resolve the matters set forth in this application, which seeks an Order pursuant to CPLR §3102(c), permitting petitioner disclosure for the purposes of framing a Complaint and preserving evidence, as set forth in detail in the accompanying Order to Show Cause. 3. Over the last several months, your affirmant has contacted several individuals within the agencies of the Respondent. However, to date, we have not received any responses to our inquiries. 6 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 4. Petitioner would be severely prejudiced if he were not able to obtain the third-party manufacturer information, accident report and/or all investigative materials. I have made all possible efforts to obtain the consent of the respondent without the necessity of seeking this Court’s Order. DATED: New York, New York September 3, 2021 ____________________________ JARED T. LEVINE 7 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND -------------------------------------------------------------------x In the Matter of the Application, pursuant to CPLR 3102 (c), of JOSEPH GONZALEZ, Petitioner, CERTIFICATION Permitting Discovery and Inspection Index No.: for the Purposes of Framing a Complaint and Preserving Evidence and Furnishing for Purposes of Inspection, Examination and Duplication, -against- MAVIS DISCOUNT TIRE, Respondent. -------------------------------------------------------------------x JARED T. LEVINE, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury: 1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the petitioner herein, and am fully familiar with the facts and circumstances of the within action. 2. This Certification is submitted in compliance with Part 130 of the Rules of the Chief Administrator. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the Order to Show Cause, Affirmation and all other papers annexed hereto, and the contentions therein, are not frivolous as defined in Subsection (c) of Section 130-1.1 of the Rules of the Chief Administrator. DATED: New York, New York September 3, 2021 ___________________________________ JARED T. LEVINE 8 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND CERTIFICATE ---------------------------------------------------------------x PURSUANT TO §202.7(f) In the Matter of the Application, pursuant to CPLR 3102(c), of Index No.: JOSEPH GONZALEZ, Petitioner, Permitting Discovery and Inspection for the Purposes of Framing a Complaint and Preserving Evidence and Furnishing for Purposes of Inspection, Examination and Duplication, -against- MAVIS DISCOUNT TIRE, Respondent. ----------------------------------------------------------------x JARED T. LEVINE, an attorney duly admitted to practice law in the State of New York, affirms the following under penalty of perjury: 1. I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the petitioner herein, and am fully familiar with the facts and circumstances of the within action. 2. There will be significant prejudice to the Petitioner by giving notice of the enclosed application to the Respondent, as they have expressed a complete lack of cooperation and may invariably alter and/or modify the third-party contracts, accident reports and investigation materials which may shed light on the proper party who was responsible for the blow torch and blow torch hose which malfunctioned and caused the Petitioner to sustain serious injuries. 9 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 3. Respondent has failed to comply with Petitioner’s requests for a copy of the third-party manufacturer information, accident report and investigation materials, and to preserve the subject blow torch and blow torch hose and therefore judicial intervention is required. DATED: New York, New York September 3, 2021 ____________________________ JARED T. LEVINE 10 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 11 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 24th 12 of 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2021 24th 13 of 15 FILED: ROCKLAND COUNTY CLERK 09/20/2021 09/21/2021 11:23 03:48 AM PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 8 11 RECEIVED NYSCEF: 09/20/2021 09/21/2021 141 of 1 15 FILED: ROCKLAND COUNTY CLERK 09/21/2021 02:52 03:48 PM INDEX NO. 035203/2021 NYSCEF DOC. NO. 10 11 RECEIVED NYSCEF: 09/21/2021 151 of 1 15