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FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- ----------------------------------------------------------------------- X
JULIE AYALA,
Index No.: 521818/2018
PLAINTIFF, NOTICE OF MOTION
-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
PLEASE TAKE NOTICE, that upon the annexed affirmation in support of Ancilla H.
Dias-Pinto dated August 23, 2022, and all exhibits annexed hereto, and the prior proceedings
heretofore had herein, the undersigned on behalf of 94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC., will
move this Court at the Kings County Courthouse, Room 359, located at 360 Adams Street,
Brooklyn, NY 112011, on the 23rd day of September, 2022, at 9:30AM, or as soon thereafter as
counsel can be heard for an Order:
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FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022
a. Pursuant to 22 N.Y.C.R.R. § 202.21(e), vacating the Note of Issue filed
by plaintiff, and striking this action from the Trial Calendar as all
discovery has not been completed and this case is not ready to proceed to
trial;
b. Pursuant CPLR §3124, compelling third-party defendant to appear for
a deposition related to the subject incident;
c. Extending the time for 94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE
JAMAICA LI LLC, to file Motions for Summary Judgment until 60 days
after all outstanding discovery is completed;
d. Granting such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served upon
the unsigned within seven (7) days prior to the return date of the within application.
Dated: New York, New York
August 23, 2022
GALLO VITUCCI KLAR LLP
____________________________________
By: Ancilla H. Dias-Pinto, Esq.
Attorney for Defendants/Third-Party Plaintiffs
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA
94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
AND 94TH AVENUE JAMAICA LI LLC
90 Broad Street, Suite #1202
New York, New York 10004
(212) 683-7100
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FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022
TO:
Helen F. Dalton & Associates P.C.
Attorney for Plaintiff
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Lewis, Johs, Avallone, & Aviles, LLP
Attorney for Defendant
A&M PROFESSIONAL SECURITY CONSULTING CORP.,
1 CA Plaza, Suite 225
Islandia, NY 11749
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FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022
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Preview
FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - ----------------------------------------------------------------------- X JULIE AYALA, Index No.: 521818/2018 PLAINTIFF, NOTICE OF MOTION -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 PLEASE TAKE NOTICE, that upon the annexed affirmation in support of Ancilla H. Dias-Pinto dated August 23, 2022, and all exhibits annexed hereto, and the prior proceedings heretofore had herein, the undersigned on behalf of 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC., will move this Court at the Kings County Courthouse, Room 359, located at 360 Adams Street, Brooklyn, NY 112011, on the 23rd day of September, 2022, at 9:30AM, or as soon thereafter as counsel can be heard for an Order: 1 of 4 FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022 a. Pursuant to 22 N.Y.C.R.R. § 202.21(e), vacating the Note of Issue filed by plaintiff, and striking this action from the Trial Calendar as all discovery has not been completed and this case is not ready to proceed to trial; b. Pursuant CPLR §3124, compelling third-party defendant to appear for a deposition related to the subject incident; c. Extending the time for 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC, to file Motions for Summary Judgment until 60 days after all outstanding discovery is completed; d. Granting such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are to be served upon the unsigned within seven (7) days prior to the return date of the within application. Dated: New York, New York August 23, 2022 GALLO VITUCCI KLAR LLP ____________________________________ By: Ancilla H. Dias-Pinto, Esq. Attorney for Defendants/Third-Party Plaintiffs 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. AND 94TH AVENUE JAMAICA LI LLC 90 Broad Street, Suite #1202 New York, New York 10004 (212) 683-7100 2 of 4 FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022 TO: Helen F. Dalton & Associates P.C. Attorney for Plaintiff 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Lewis, Johs, Avallone, & Aviles, LLP Attorney for Defendant A&M PROFESSIONAL SECURITY CONSULTING CORP., 1 CA Plaza, Suite 225 Islandia, NY 11749 3 of 4 FILED: KINGS COUNTY CLERK 08/23/2022 06:16 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 08/23/2022 4 of 4