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FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 09/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Index No. 155570/2016
Plaintiff(s),
-against- GOOD FAITH AFFIRMATION
THIRD AVENUE TOWER OWNER, LLC,
POLSINELLI PC and CLUNE CONSTRUCTION
COMPANY L.P., CONCEPTS FOR BUSINESS, LLC.,
and G&S CONCEPTS, INC.
Defendants.
Sana Suhail, Esq., an attorney duly licensed to practice law before the Courts of the State of
New York, affirms to the truth of the following upon information and belief and acknowledges the
penalties of perjury:
1. Your affirmant is associated with the law firm of Lewis Brisbois Bisgaard & Smith,
attorneys for the defendant Clune Construction Company LP, and is fully familiar with the
facts and circumstances of the within action.
2. On or about April 23, 2019 Clune served on Prime Installations a subpoena for documents
and testimony in this matter.
3. Thereafter, this office contacted Prime Installations by telephoñe to follow up on responses
to the subpoena but Prime Installations has to date refused to respond.
4. All parties appeared for a compliance conference before Honorable Justice Arlene Bluth on
September 10, 2019. On that day Judge Bluth ordered Prime to respond to an inquiry
concerning the contractor that hired Prime to work at the jobsite of300 Third Avenue on the
date ofplaintiff's accident. In another good faith attempt to resolve discovery issues, prior to
serving Judge Bluth's order onto Prime, this office again attempted by telephone to speak
4830-1090-5512.1
1 of 2
FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 09/30/2019
with Prime Installations concerning their failure to comply to a subpoena. However, Prime
Installations did not return the call.
5. On September 19, 2019, the referenced Order by Judge Bluth was served onto Prime. Prime
has, to date, failed to contact the undersigned.
Dated: September 30, 2019
New York, NY
Yours etc.,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By: .
Sana Suhail, Esq.
Attorneys for Defendant
Clune Construction Company LP
77 Water Street, Suite 1200
New York, New York 10005
(212) 232-1300
TO:
Diane L. DeVita Kevin G. Mescall Esq.
LAW OFFICES OF TOBIAS & KUHN LEWIS JOHS AVALLONE & AVILLES,
Attorneys for Defendant LLP
CONCEPTS FOR BUSINESS LLC Attorneys for Defendant/Third Party
100 William Street, Suite 920 Defendant
New York, New York 10038 G&S CONCEPTS INC.
61 Broadway, Suite 2000
New York, NY 10006
SACKSTE1N, SACKSTEIN & LEE, LLP Sean Latella, Esq.
Laurence D. Rogers, Esq. O'Connor Redd, LLP
Attorneys for Plaintiff Attorneys for Defendant
1140 Franklin Avenue, Suite 210 THIRD AVENUE TOWER OWNER, LLC
Garden City, New York 11530 [P.O. Box 1000]
242 Kings Street
Port Chester, New York 10573
John R. Marquez, Esq.
Eustace, Marquez, Epstein, Prezioso &
Yapchanyk
Attorneys for Defendant
POLSINELLI PC
55 Water Street, 29th Floor
New York, New York 10041
4830-1090-5512.1 2
2 of 2
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FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 09/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Index No. 155570/2016 Plaintiff(s), -against- GOOD FAITH AFFIRMATION THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC and CLUNE CONSTRUCTION COMPANY L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. Sana Suhail, Esq., an attorney duly licensed to practice law before the Courts of the State of New York, affirms to the truth of the following upon information and belief and acknowledges the penalties of perjury: 1. Your affirmant is associated with the law firm of Lewis Brisbois Bisgaard & Smith, attorneys for the defendant Clune Construction Company LP, and is fully familiar with the facts and circumstances of the within action. 2. On or about April 23, 2019 Clune served on Prime Installations a subpoena for documents and testimony in this matter. 3. Thereafter, this office contacted Prime Installations by telephoñe to follow up on responses to the subpoena but Prime Installations has to date refused to respond. 4. All parties appeared for a compliance conference before Honorable Justice Arlene Bluth on September 10, 2019. On that day Judge Bluth ordered Prime to respond to an inquiry concerning the contractor that hired Prime to work at the jobsite of300 Third Avenue on the date ofplaintiff's accident. In another good faith attempt to resolve discovery issues, prior to serving Judge Bluth's order onto Prime, this office again attempted by telephone to speak 4830-1090-5512.1 1 of 2 FILED: NEW YORK COUNTY CLERK 09/30/2019 05:55 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 09/30/2019 with Prime Installations concerning their failure to comply to a subpoena. However, Prime Installations did not return the call. 5. On September 19, 2019, the referenced Order by Judge Bluth was served onto Prime. Prime has, to date, failed to contact the undersigned. Dated: September 30, 2019 New York, NY Yours etc., LEWIS BRISBOIS BISGAARD & SMITH LLP By: . Sana Suhail, Esq. Attorneys for Defendant Clune Construction Company LP 77 Water Street, Suite 1200 New York, New York 10005 (212) 232-1300 TO: Diane L. DeVita Kevin G. Mescall Esq. LAW OFFICES OF TOBIAS & KUHN LEWIS JOHS AVALLONE & AVILLES, Attorneys for Defendant LLP CONCEPTS FOR BUSINESS LLC Attorneys for Defendant/Third Party 100 William Street, Suite 920 Defendant New York, New York 10038 G&S CONCEPTS INC. 61 Broadway, Suite 2000 New York, NY 10006 SACKSTE1N, SACKSTEIN & LEE, LLP Sean Latella, Esq. Laurence D. Rogers, Esq. O'Connor Redd, LLP Attorneys for Plaintiff Attorneys for Defendant 1140 Franklin Avenue, Suite 210 THIRD AVENUE TOWER OWNER, LLC Garden City, New York 11530 [P.O. Box 1000] 242 Kings Street Port Chester, New York 10573 John R. Marquez, Esq. Eustace, Marquez, Epstein, Prezioso & Yapchanyk Attorneys for Defendant POLSINELLI PC 55 Water Street, 29th Floor New York, New York 10041 4830-1090-5512.1 2 2 of 2