Preview
FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------- X
DAJ REALTY, LLC,
REPLY AFFIRMATIO_N
Plaintiff,
-against- Index No. 154824/2017
37 CROSBY REALTY LLC, NEW YORK Hon. Justice Schlomo S. Hagler
CONSTRUCTION & RENOVATION, INC.,
ENGINEERING GROUP ASSOCIATES, P.C., Return date: 9/14/18
GENNADY SARATOVSKY, P.E., INTEGRITY
CONSULTING SERVICE, INC., ALEKSANDER
LEVIN, P.E., BRENT M. PORTER ARCHITECTS
AND ASSOCIATES, BRENT M. PORTER
ARCHITECT, PLLC and BRENT PORTER, R.A.,
Defendants.
..............------------------------------------ ---X
Jonathan P. Pirog, an attomey duly admitted to practice law in the Courts of this
State, hereby affirms the following under the penalty of perjury:
1. I am associated with the Law Office of Michael C. Tromello, attorneys for the
defendants, Brent M. Porter Architects and Associates, Brent M. Porter Architect, PLLC and
Brent Porter, R.A. ("Porter"). I am fully familiar with all the facts and circumstances hereinafter
contained, based on investigation and information contained in the records and file maintained in
affirmant's office.
2. This Affirmation is submitted in reply to opposition and in further support of
Porter's motion seeking to strike the pleadings of the parties for failure to comply with the
Court's directives and provide responses to Porter's discovery demands.
3. For the reasons set forth below, as well as those contained in Porter's initial
parties'
moving papers, Porter's motion should be granted in its entirety and the pleadings and
causes of action against Porter should be stricken and dismissed in their entirety.
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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018
ARGUMENT
4. Importantly, despite Porter's good faith efforts to obtain responses from the
parties and compliance with the Court's previous directives, no party other than NY Construction
& Renovation ("NYCR") has responded to the motion.
5. Based upon NYCR's opposition, NYCR argues that they have only recently
appeared and had not yet been served with discovery responses.
6. However, said argument is completely unfounded and meritless. All parties,
"C"
including NYCR were served with discovery demands on September 21, 2017. See Exhibit
to Porter's initial moving papers for copies of Porter's discovery demands, as well as Affidavit of
Service establishing that service upon all parties was proper.
7. To date, no one has complied with Porter's demands or the Preliminary
Conference Order dated February 20, 2018 or Compliance Conference Order dated June 6, 2018.
parties'
8. The contumacious behavior and complete disregard of two prior Court
Orders warrants the striking of their pleadings.
parties'
9. If the Court is not inclined to strike the pleadings, then it is
requested that the Court issue an Order compelling responses from the parties within
respectfully
a date certain. It is respectfully submitted that the Order contain language that in the event that
the parties fail to comply within a date certain then their pleadings be stricken and any claim or
cross-claim asserted against Porter be dismissed.
10. Importantly, this matter has been pending for over a year without any
discovery being produced by any of the parties. Porter continues to be prejudiced by this fact.
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FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018
WHEREFORE, it is prayed that an Order be entered pursuant to CPLR 3126
dismissing the plaintiff's Complaint, and striking the pleadings of the co-defendants, together
with such other and further relief as to this Court may seem just and proper.
Dated: Melville, New York
September 13, 2018
Jon han P. Piro
3
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FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------··--··------- ---X
DAJ REALTY, LLC,
Plaintiff, INDEX NO.: 154824/17
-against-
37 CROSBY REALTY LLC, NEW YORK
CONSTRUCTION & RENOVATION, INC.,
ENGINEERING GROUP ASSOCIATES, P.C.,
GENNADY SARATOVSKY, P.E., INTEGRITY
CONSULTING SERVICE, INC., ALEKSANDER
LEVIN, P.E.,BRENT M. PORTER ARCHITECTS
AND ASSOCIATES, BRENT M. PORTER
ARCHITECT, PLLC and BRENT PORTER, R.A.,
Defendants.
__ __________ _..-----------------------X
REPLY AFFIRMATION
THE LAW OFFICE OF MICHAEL C. TROMELLO
Attorneys for BRENT PORTER, R.A.,BRENT M. PORTER ARCHITECT, PLLC and BRENT M. PORTER
ARCHITECTS AND ASSOCIATES
P.O. Box 9038
Melville, NY 11747-9038
Telephone (631) 577-2400
Fax (866) 404-2615
Service of a copy of thewithin
is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
[ ]NOTICE OF ENTRY
thatthe within isa (certified)
true copy of a
entered inthe officeof the clerkof the within named court on , 20
[ ]NOTICE OF SETTLEMENT
thatan Order of which the within isa true copy willbe presenged forsettlement to the
Hon. one of the judges of the within named Court, at
on , 20 , at9:30 a.m.
Dated: Melville,NY
THE LAW OFFICE OF MICHAEL C. TROMELLO
Attorneys for
P.O. Box 9038
Melville, NY 1 1747-9038
To:
Attorney(s) for
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Preview
FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------- X DAJ REALTY, LLC, REPLY AFFIRMATIO_N Plaintiff, -against- Index No. 154824/2017 37 CROSBY REALTY LLC, NEW YORK Hon. Justice Schlomo S. Hagler CONSTRUCTION & RENOVATION, INC., ENGINEERING GROUP ASSOCIATES, P.C., Return date: 9/14/18 GENNADY SARATOVSKY, P.E., INTEGRITY CONSULTING SERVICE, INC., ALEKSANDER LEVIN, P.E., BRENT M. PORTER ARCHITECTS AND ASSOCIATES, BRENT M. PORTER ARCHITECT, PLLC and BRENT PORTER, R.A., Defendants. ..............------------------------------------ ---X Jonathan P. Pirog, an attomey duly admitted to practice law in the Courts of this State, hereby affirms the following under the penalty of perjury: 1. I am associated with the Law Office of Michael C. Tromello, attorneys for the defendants, Brent M. Porter Architects and Associates, Brent M. Porter Architect, PLLC and Brent Porter, R.A. ("Porter"). I am fully familiar with all the facts and circumstances hereinafter contained, based on investigation and information contained in the records and file maintained in affirmant's office. 2. This Affirmation is submitted in reply to opposition and in further support of Porter's motion seeking to strike the pleadings of the parties for failure to comply with the Court's directives and provide responses to Porter's discovery demands. 3. For the reasons set forth below, as well as those contained in Porter's initial parties' moving papers, Porter's motion should be granted in its entirety and the pleadings and causes of action against Porter should be stricken and dismissed in their entirety. 1 of 4 FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018 ARGUMENT 4. Importantly, despite Porter's good faith efforts to obtain responses from the parties and compliance with the Court's previous directives, no party other than NY Construction & Renovation ("NYCR") has responded to the motion. 5. Based upon NYCR's opposition, NYCR argues that they have only recently appeared and had not yet been served with discovery responses. 6. However, said argument is completely unfounded and meritless. All parties, "C" including NYCR were served with discovery demands on September 21, 2017. See Exhibit to Porter's initial moving papers for copies of Porter's discovery demands, as well as Affidavit of Service establishing that service upon all parties was proper. 7. To date, no one has complied with Porter's demands or the Preliminary Conference Order dated February 20, 2018 or Compliance Conference Order dated June 6, 2018. parties' 8. The contumacious behavior and complete disregard of two prior Court Orders warrants the striking of their pleadings. parties' 9. If the Court is not inclined to strike the pleadings, then it is requested that the Court issue an Order compelling responses from the parties within respectfully a date certain. It is respectfully submitted that the Order contain language that in the event that the parties fail to comply within a date certain then their pleadings be stricken and any claim or cross-claim asserted against Porter be dismissed. 10. Importantly, this matter has been pending for over a year without any discovery being produced by any of the parties. Porter continues to be prejudiced by this fact. 2 of 4 FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018 WHEREFORE, it is prayed that an Order be entered pursuant to CPLR 3126 dismissing the plaintiff's Complaint, and striking the pleadings of the co-defendants, together with such other and further relief as to this Court may seem just and proper. Dated: Melville, New York September 13, 2018 Jon han P. Piro 3 3 of 4 FILED: NEW YORK COUNTY CLERK 09/13/2018 11:49 AM INDEX NO. 154824/2017 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------··--··------- ---X DAJ REALTY, LLC, Plaintiff, INDEX NO.: 154824/17 -against- 37 CROSBY REALTY LLC, NEW YORK CONSTRUCTION & RENOVATION, INC., ENGINEERING GROUP ASSOCIATES, P.C., GENNADY SARATOVSKY, P.E., INTEGRITY CONSULTING SERVICE, INC., ALEKSANDER LEVIN, P.E.,BRENT M. PORTER ARCHITECTS AND ASSOCIATES, BRENT M. PORTER ARCHITECT, PLLC and BRENT PORTER, R.A., Defendants. __ __________ _..-----------------------X REPLY AFFIRMATION THE LAW OFFICE OF MICHAEL C. TROMELLO Attorneys for BRENT PORTER, R.A.,BRENT M. PORTER ARCHITECT, PLLC and BRENT M. PORTER ARCHITECTS AND ASSOCIATES P.O. Box 9038 Melville, NY 11747-9038 Telephone (631) 577-2400 Fax (866) 404-2615 Service of a copy of thewithin is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE [ ]NOTICE OF ENTRY thatthe within isa (certified) true copy of a entered inthe officeof the clerkof the within named court on , 20 [ ]NOTICE OF SETTLEMENT thatan Order of which the within isa true copy willbe presenged forsettlement to the Hon. one of the judges of the within named Court, at on , 20 , at9:30 a.m. Dated: Melville,NY THE LAW OFFICE OF MICHAEL C. TROMELLO Attorneys for P.O. Box 9038 Melville, NY 1 1747-9038 To: Attorney(s) for 4 of 4