On June 18, 2019 a
Motion-Secondary
was filed
involving a dispute between
Diego Delgado Luna,
Felix Ortega Pacheco,
Florencio Rivera Rodriguez,
Fotis Louzakos,
Gonzalo Martinez,
Jose Salazar Ortiz,
Juan Campos Trejo,
Plutarco Navarrete Cabanas,
and
Ainos Realty Corp.,
George Liberatos,
Helen Liberatos,
Karabinis Diner Corp.
Dba Oasis Diner,
Petros Liberatos,
for Other Matters - Contract - Other
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------ ---------------------x
JOSE SALAZAR ORTIZ, FLORENCIO
RIVERA RODRIGUEZ, FELIX ORTEGA
PACHECO, GONZAL O MARTINEZ, JUAN
CAMPOS TREJO, PLUTARCO NAVARRETE
CABAÑAS, and FOTIS LOUZAKOS, Individually
and on Behalf ofAll Putative Class Members,
Index No. 513496/2019
Plaintiff,
-against-
AFFIDAVIT OF MICHAEL
FILLAS IN OPPOSITION TO
MOTION
KARABINIS DINER CORP. d/b/a OASIS DINER,
AINOS REALTY CORP., PETROS LIBERATOS,
HELEN LIBERATOS, and GEORGE LIBERATOS,
Jointly and Severally,
Defendants.
---------------------------------x
STATE OF NEW YORK )
)
COUNTY OF A/455A9 )
MICHAEL FILLAS, being duly sworn, deposes as follows:
1. I am the son-in-law of Helen Liberatos and Petros Liberatos. I am married
to their daughter, Stacey. Since October 2020, Stacey and I and our children have been living
with Helen and Petros at their home at 7 Juneau Blvd., Woodbury, NY 11797.
2. On September 1, 2021, Helen and Petros were out of the country in Greece.
3. Because Stacey and I were aware of reports on September 1, 2021 that
Hurricane Ida would hit Long Island, Stacey and I went to my father's house. My father has a
generator and we were concemed that Hurricane Ida would cause a loss of electricity.
4. Stacey and I returned to 7 Juneau Blvd. on September 2. Upon our return
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FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022
we found serious flooding in the basement/family room area of the house, where we have been
staying. I did not measure the flooding but there was enough water that when I went in to the
hasement the water went up above my ankle and was approximately 6 to 10 inches high,
5. I know that Helen and Petros kept documents from Oasis Diner in the
basement area. Some papers were in boxes, some in plastic bags, and some in plastic crates.
The waters were so high that the contents were completely drenched.
6. Upon finding the basement flooded on retuming I quickly took action to
remove items damaged by the flooding. This included disposing of numerous items that were in
the basement in the family room or office(which is in the basement) and damaged, including some
personal belonging of Stacey and me and our children, shoes, clothing, two area rugs, filecabinets,
insulation that came downin the crawl space, children's toys, pillows, a TV stand, shoeboxes, bins
with linens, paper goods, picture frames withpictures, wicker baskets, Christmas decorations from
the crawl space, a boxed stereo speaker set. We picked the sofa up and placed them on
cinderblocks so they would dry. I also threw away boxes, plastic crates, and bags which
contained Helen and Petros's papers, which were completely damaged by the flooding resulting
from Hurricane Ida. I placed everything in plastic garbage bags to dispose of them, to be
taken out with garbage pickup the next day.
7. I do not know exactly what was in the boxes, crates, and bags that were
damaged. I did not consider whether the documents related to the lawsuit against Helen and
Petros, which I was only vaguely aware of. Even if I had considered it I would not have
recognized whether the documents were related to the lawsuit they are dealing with. All I knew
was that the papers were coñrpletely damaged by the flood. I removed and disposed of items that
were totally damaged by the flooding.
8. I recognized that professional assistance was needed to remedy the
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FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022
flooding, so Iretained Penta Restoration to extract the flood waters and dry the flooring. Penta
Restoration came on or about September 2 or 3, 2021. They worked for approximately __ hours
removing the water and drying the floor in the basement level. Annexed as Exhibit A to my
affidavit is the bill and statement of work from Penta Restoration.
Swom Before Me this
7_ Day of February 2022
Notary PuÉic
TARA MICHAEL FILLAS
ALEXANDER
NOTARY PUBUC, STATEOF NEW YORK
QUALIFIEDIN NASSAUCOUNTY
NO. 01AL6082781
MY COMM1SSIONPvose:'n AP WGL
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Preview
FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------ ---------------------x JOSE SALAZAR ORTIZ, FLORENCIO RIVERA RODRIGUEZ, FELIX ORTEGA PACHECO, GONZAL O MARTINEZ, JUAN CAMPOS TREJO, PLUTARCO NAVARRETE CABAÑAS, and FOTIS LOUZAKOS, Individually and on Behalf ofAll Putative Class Members, Index No. 513496/2019 Plaintiff, -against- AFFIDAVIT OF MICHAEL FILLAS IN OPPOSITION TO MOTION KARABINIS DINER CORP. d/b/a OASIS DINER, AINOS REALTY CORP., PETROS LIBERATOS, HELEN LIBERATOS, and GEORGE LIBERATOS, Jointly and Severally, Defendants. ---------------------------------x STATE OF NEW YORK ) ) COUNTY OF A/455A9 ) MICHAEL FILLAS, being duly sworn, deposes as follows: 1. I am the son-in-law of Helen Liberatos and Petros Liberatos. I am married to their daughter, Stacey. Since October 2020, Stacey and I and our children have been living with Helen and Petros at their home at 7 Juneau Blvd., Woodbury, NY 11797. 2. On September 1, 2021, Helen and Petros were out of the country in Greece. 3. Because Stacey and I were aware of reports on September 1, 2021 that Hurricane Ida would hit Long Island, Stacey and I went to my father's house. My father has a generator and we were concemed that Hurricane Ida would cause a loss of electricity. 4. Stacey and I returned to 7 Juneau Blvd. on September 2. Upon our return 1 of 3 FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022 we found serious flooding in the basement/family room area of the house, where we have been staying. I did not measure the flooding but there was enough water that when I went in to the hasement the water went up above my ankle and was approximately 6 to 10 inches high, 5. I know that Helen and Petros kept documents from Oasis Diner in the basement area. Some papers were in boxes, some in plastic bags, and some in plastic crates. The waters were so high that the contents were completely drenched. 6. Upon finding the basement flooded on retuming I quickly took action to remove items damaged by the flooding. This included disposing of numerous items that were in the basement in the family room or office(which is in the basement) and damaged, including some personal belonging of Stacey and me and our children, shoes, clothing, two area rugs, filecabinets, insulation that came downin the crawl space, children's toys, pillows, a TV stand, shoeboxes, bins with linens, paper goods, picture frames withpictures, wicker baskets, Christmas decorations from the crawl space, a boxed stereo speaker set. We picked the sofa up and placed them on cinderblocks so they would dry. I also threw away boxes, plastic crates, and bags which contained Helen and Petros's papers, which were completely damaged by the flooding resulting from Hurricane Ida. I placed everything in plastic garbage bags to dispose of them, to be taken out with garbage pickup the next day. 7. I do not know exactly what was in the boxes, crates, and bags that were damaged. I did not consider whether the documents related to the lawsuit against Helen and Petros, which I was only vaguely aware of. Even if I had considered it I would not have recognized whether the documents were related to the lawsuit they are dealing with. All I knew was that the papers were coñrpletely damaged by the flood. I removed and disposed of items that were totally damaged by the flooding. 8. I recognized that professional assistance was needed to remedy the 2 2 of 3 FILED: KINGS COUNTY CLERK 02/07/2022 10:30 PM INDEX NO. 513496/2019 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/07/2022 flooding, so Iretained Penta Restoration to extract the flood waters and dry the flooring. Penta Restoration came on or about September 2 or 3, 2021. They worked for approximately __ hours removing the water and drying the floor in the basement level. Annexed as Exhibit A to my affidavit is the bill and statement of work from Penta Restoration. Swom Before Me this 7_ Day of February 2022 Notary PuÉic TARA MICHAEL FILLAS ALEXANDER NOTARY PUBUC, STATEOF NEW YORK QUALIFIEDIN NASSAUCOUNTY NO. 01AL6082781 MY COMM1SSIONPvose:'n AP WGL 3 3 of 3