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FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________.-----_--------------------------------___________Ç
JULIE AYALA,
AFFIRMATION OF
PLAINTIFF, GOOD FAITH
Index No.: 521818/2018
-AGAINST-
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC. AND
94TH AVENUE JAMAICA LI LLC,
DEFENDANTS.
------------------------------------------------------------------------X
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC. AND
94TH AVENUE JAMAICA LI LLC,
THIRD-PARTY PLAINTIFFS,
-AGAINST-
A&M PROFESSIONAL SECURITY CONSULTING CORP.,
THIRD-PARTY DEFENDANTS.
-------------------------------------------X
Steven Zuck, Esq., an attorney admitted to practice before the Courts of this State, affirms
the truth of the following, under the penalty of perjury:
1. I am fully familiar with the facts and circumstances of this action based upon
a review of the case fileand the investigation material contained therein.
2. This affirmation is submitted in connection with Plaintiff's application seeking to
extend time to filefor Note of Issue.
3. This office has attempted to conduct discovery and depositions in a timely manner as
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outlined below:
4. Pursuant to the Preliminary Conference Order of the Honorable Justice Francois A.
Rivera, executed by the attorneys for all parties on June 18, 2019, Examinations before Trial were
agreed to be conducted on September 18, 2019, for Plaintiff, and September 25, 2019, for
Defendant(s) 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP
JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND
!
94TH AVENUE JAMAICA LI LLC, (annexed hereto as Exhibit D).
5. Pursuant to the Compliance Conference Order of the Honorable Justice Francois A.
Rivera, executed by the attorneys for allparties on October 7, 2019, Examinations before Trial were
agreed to be conducted on October 17, 2019, for Plaintiff, November 18, 2019, for Defendant, 94TH
AVENUE JAMAICA, LLC, and November 25, 2019, for Defendant, ARTIMUS
CONSTRUCTION INC. Plaintiff was to serve Note of Issue on or before May 7, 2020. (annexed
hereto as Exhibit E).
6. Pursuant to the Compliance Conference Order of the Honorable Lizette Colon,
executed by the attorneys for all parties on January 27, 2020, Examinations before Trial were agreed
to be conducted on February 12, 2020, for Plaintiff, and March 4, 2020, for Defendants, 94TH
AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH
AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE
JAMAICA LI LLC. Plaintiff was to serve Note of Issue on or before May 8, 2020. (annexed hereto
as Exhibit F).
7. On February 7, 2020, Defendant, 94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT
FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC., by way of counsel
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GALLO, VITUCCI & KLAR, filed a Third-Party Summons. (annexed hereto as Exhibit G).
8. On February 11, 2020, this office contacted GALLO, VITUCCI & KLAR via
"Jessi"
telephone conference to confirm Examination before Trial of Plaintiff. EBT clerk requested
an adjournment. Examinations before Trial of Plaintiff was adjourned to March 4, 2020, and
Examination before Trail before of Defendant was adjourned to April 3, 2020.
9. On March 4, 2020, Examination before Trial of Plaintiff was held.
"Jessi"
10. On April 2, 2020, this office received an email from EBT clerk from defense
counsel GALLO, VITUCCI & KLAR and requested an adjournment for Examination before Trial
of Defendants. Examination before Trial of Defendant was adjourned to May 14, 2020.
11. On May 13, 2020, this office contacted GALLO, VITUCCI & KLAR via telephone
"Jessi"
conference to confirm Examination before Trial of Defendant. EBT clerk requested an
adjournment. Examination before Trail of Defendant was adjourned to August 25, 2020.
12. On June 3, 2020, Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT
FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC, by way of counsel,
GALLO, VITUCCI & KLAR, prepared a Notice of Motion compelling Plaintiff to appear for
Independent Medical Examination and respond to Defendant's Post-Deposition Discovery Demand,
which was returnable on July 6, 2020. (annexed hereto as Exhibit H).
13. On August 19, 2020, Third-party Defendants, A&M PROFESSIONAL
SECURITY CONSULTING CORP, by the way of counsel, LEWIS JOHS AVALLONE
AVILES, LLP, interposed an Answer to the Third-party Complaint. (annexed hereto as Exhibit I)
14. On September 15, 2020, this office filed Opposition to the Motion made by
Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP
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JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND
94TH AVENUE JAMAICA LI LLC. (annexed hereto as Exhibit J)
15. On September 17, 2020, the Motion to Compel was resolved via stipulation,
specifying that Plaintiff is to appear for Independent Medical Examination by November 17, 2020,
and will provide authorizations for certain of Plaintiff's medical records by October 16, 2020.
16. On October 2, 2020, this office filed a Notice of Motion to Preclude and/or compel
depositions of Defendants, which was returnable on October 29, 2020.
17. The aforementioned Motion was resolved by this Honorable Court's Order dated
October 29, 2020, that provides that a designee of Defendant, 94TH AVENUE JAMAICA, LLC, to
be deposed on or before JANUARY 22, 2021; the EBT of Defendant, ARTIMUS
CONSTRUCTION INC, shall be held on or before January 29, 2021, and the EBT of Defendant,
A&M PROFESSIONAL SECURITY CONSULTING CORP shall be held on or before February
5, 2021 (annexed hereto as Exhibit K). Additionally, the Note of Issue is to be filed by May 21,
2021. (Id.)
94"
18. On January 22, 2021, Defendant, AVENUENE JAMAICA, LLC's
Examination before Trial was held.
19. On August 18, 2021Plaintiff served Defendant 94TH AVENUE JAMAICA, LLC
's demand for a Supplemental Verified Bill of Particulars. (annexed hereto as Exhibit L)
20. On March 31, 2022, Plaintiff served Third-party Defendants, A&M
PROFESSIONAL SECURITY CONSULTING CORP, with a Verified Bill of Particulars.
(annexed hereto as Exhibit M)
21. On May 17, 2022, Plaintiff filed a Note of Issue. However, the courts returned the
document because the Note of Issue was due May 21, 2022. (annexed hereto as Exhibit N)
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22 . The action is ready for trial.Note of Issue remains outstanding.
Dated: KEW GARDENS, NY
Junell½, 2022
Yours, etc.
Steven Zuck, Esq.
Helen F. Dalton & Associates P.C.
Attorneys for Plaintiff
JULIE A. AYALA
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Our file No. 119-0256
TO:
Gallo, Vitucci & Klar, LLP
Attorneys for Defendant(s)
ARTIMUS CONSTRUCTION INC
HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND
94TH AVENUE JAMAICA LI LLC
94TH AVENUE JAMAICA, LLC
90 Broad Street, 3rd Floor
New York, NY 10004
(212) 683-7100
Lewis, Johs, Avallone, & Aviles, LLP
Attorney for Defendant
A&M PROFESSIONAL SECURITY CONSULTING CORP.,
1 CA Plaza, Suite 225
Islandia, NY 11749
(631)755-1001
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FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________.-----_--------------------------------___________Ç JULIE AYALA, AFFIRMATION OF PLAINTIFF, GOOD FAITH Index No.: 521818/2018 -AGAINST- 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC, DEFENDANTS. ------------------------------------------------------------------------X 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC, THIRD-PARTY PLAINTIFFS, -AGAINST- A&M PROFESSIONAL SECURITY CONSULTING CORP., THIRD-PARTY DEFENDANTS. -------------------------------------------X Steven Zuck, Esq., an attorney admitted to practice before the Courts of this State, affirms the truth of the following, under the penalty of perjury: 1. I am fully familiar with the facts and circumstances of this action based upon a review of the case fileand the investigation material contained therein. 2. This affirmation is submitted in connection with Plaintiff's application seeking to extend time to filefor Note of Issue. 3. This office has attempted to conduct discovery and depositions in a timely manner as 1 of 5 FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022 outlined below: 4. Pursuant to the Preliminary Conference Order of the Honorable Justice Francois A. Rivera, executed by the attorneys for all parties on June 18, 2019, Examinations before Trial were agreed to be conducted on September 18, 2019, for Plaintiff, and September 25, 2019, for Defendant(s) 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND ! 94TH AVENUE JAMAICA LI LLC, (annexed hereto as Exhibit D). 5. Pursuant to the Compliance Conference Order of the Honorable Justice Francois A. Rivera, executed by the attorneys for allparties on October 7, 2019, Examinations before Trial were agreed to be conducted on October 17, 2019, for Plaintiff, November 18, 2019, for Defendant, 94TH AVENUE JAMAICA, LLC, and November 25, 2019, for Defendant, ARTIMUS CONSTRUCTION INC. Plaintiff was to serve Note of Issue on or before May 7, 2020. (annexed hereto as Exhibit E). 6. Pursuant to the Compliance Conference Order of the Honorable Lizette Colon, executed by the attorneys for all parties on January 27, 2020, Examinations before Trial were agreed to be conducted on February 12, 2020, for Plaintiff, and March 4, 2020, for Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC. Plaintiff was to serve Note of Issue on or before May 8, 2020. (annexed hereto as Exhibit F). 7. On February 7, 2020, Defendant, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC., by way of counsel 2 of 5 FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022 GALLO, VITUCCI & KLAR, filed a Third-Party Summons. (annexed hereto as Exhibit G). 8. On February 11, 2020, this office contacted GALLO, VITUCCI & KLAR via "Jessi" telephone conference to confirm Examination before Trial of Plaintiff. EBT clerk requested an adjournment. Examinations before Trial of Plaintiff was adjourned to March 4, 2020, and Examination before Trail before of Defendant was adjourned to April 3, 2020. 9. On March 4, 2020, Examination before Trial of Plaintiff was held. "Jessi" 10. On April 2, 2020, this office received an email from EBT clerk from defense counsel GALLO, VITUCCI & KLAR and requested an adjournment for Examination before Trial of Defendants. Examination before Trial of Defendant was adjourned to May 14, 2020. 11. On May 13, 2020, this office contacted GALLO, VITUCCI & KLAR via telephone "Jessi" conference to confirm Examination before Trial of Defendant. EBT clerk requested an adjournment. Examination before Trail of Defendant was adjourned to August 25, 2020. 12. On June 3, 2020, Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC, by way of counsel, GALLO, VITUCCI & KLAR, prepared a Notice of Motion compelling Plaintiff to appear for Independent Medical Examination and respond to Defendant's Post-Deposition Discovery Demand, which was returnable on July 6, 2020. (annexed hereto as Exhibit H). 13. On August 19, 2020, Third-party Defendants, A&M PROFESSIONAL SECURITY CONSULTING CORP, by the way of counsel, LEWIS JOHS AVALLONE AVILES, LLP, interposed an Answer to the Third-party Complaint. (annexed hereto as Exhibit I) 14. On September 15, 2020, this office filed Opposition to the Motion made by Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP 3 of 5 FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022 JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC. (annexed hereto as Exhibit J) 15. On September 17, 2020, the Motion to Compel was resolved via stipulation, specifying that Plaintiff is to appear for Independent Medical Examination by November 17, 2020, and will provide authorizations for certain of Plaintiff's medical records by October 16, 2020. 16. On October 2, 2020, this office filed a Notice of Motion to Preclude and/or compel depositions of Defendants, which was returnable on October 29, 2020. 17. The aforementioned Motion was resolved by this Honorable Court's Order dated October 29, 2020, that provides that a designee of Defendant, 94TH AVENUE JAMAICA, LLC, to be deposed on or before JANUARY 22, 2021; the EBT of Defendant, ARTIMUS CONSTRUCTION INC, shall be held on or before January 29, 2021, and the EBT of Defendant, A&M PROFESSIONAL SECURITY CONSULTING CORP shall be held on or before February 5, 2021 (annexed hereto as Exhibit K). Additionally, the Note of Issue is to be filed by May 21, 2021. (Id.) 94" 18. On January 22, 2021, Defendant, AVENUENE JAMAICA, LLC's Examination before Trial was held. 19. On August 18, 2021Plaintiff served Defendant 94TH AVENUE JAMAICA, LLC 's demand for a Supplemental Verified Bill of Particulars. (annexed hereto as Exhibit L) 20. On March 31, 2022, Plaintiff served Third-party Defendants, A&M PROFESSIONAL SECURITY CONSULTING CORP, with a Verified Bill of Particulars. (annexed hereto as Exhibit M) 21. On May 17, 2022, Plaintiff filed a Note of Issue. However, the courts returned the document because the Note of Issue was due May 21, 2022. (annexed hereto as Exhibit N) 4 of 5 FILED: KINGS COUNTY CLERK 06/24/2022 02:39 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/24/2022 22 . The action is ready for trial.Note of Issue remains outstanding. Dated: KEW GARDENS, NY Junell½, 2022 Yours, etc. Steven Zuck, Esq. Helen F. Dalton & Associates P.C. Attorneys for Plaintiff JULIE A. AYALA 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Our file No. 119-0256 TO: Gallo, Vitucci & Klar, LLP Attorneys for Defendant(s) ARTIMUS CONSTRUCTION INC HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND 94TH AVENUE JAMAICA LI LLC 94TH AVENUE JAMAICA, LLC 90 Broad Street, 3rd Floor New York, NY 10004 (212) 683-7100 Lewis, Johs, Avallone, & Aviles, LLP Attorney for Defendant A&M PROFESSIONAL SECURITY CONSULTING CORP., 1 CA Plaza, Suite 225 Islandia, NY 11749 (631)755-1001 5 of 5