Preview
FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JAMEL VARGAS,
Plaintiff, Index No.: 154212/17
-against- AFFIRMATION IN
OPPOSITION
EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and
LANETTE B. WOODARD,
Defendants.
ANDREY TIKHOMIROV, ESQ., an attorney duly admitted to practice law before the
Courts in the State of New York, affirms the following upon information and belief and under the
penalties of perjury:
1. I am the attorney for the plaintiff in the above matter and as such, I am fully
familiar with the facts and circumstances of the within action based upon a review of the file
maintained by my office.
2. This affirmation is submitted in opposition to both the motion and cross-motion of
the respective defendants, each of which seeks relief related to discovery.
3. Your affirmant's office has been attempting to contact the plaintiff in order to have
him execute authorization. We have sent certified mail to his last known address which was
returned to our office by the postal service. We are currently attempting to locate him through all
other available means, including sending an individual out to canvass his last known address
(which was already done once). It isrespectfully submitted that a party's action should not be
dismissed, even conditionally, because they have not kept their attorneys updated as to their
whereabouts. Nor should a party be precluded from offering certain evidence at trial for the same
reason. Your affirmant respectfully submits that both of those draconian reliefs are unwarranted
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FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018
here as there has been no willful attempt to deny any party discovery. Itis respectfully submitted
that giving your affirmant's office a 90 day period in which to locate the client and provide the
sought discovery would not operate a substantive prejudice to any of the defendants.
WHEREFORE, itis respectfully requested and that the instant motion be decided in
accordance with the foregoing, together with such other and further relief as this Court deems just
and proper.
Dated: Brooklyn, New York
March 9, 2018
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FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JAMEL VARGAS,
Plaintiff, Index No.: 154212/17
-against- AFFIRMATION OF MAIL
SERVICE
EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and
LANETTE B. WOODARD,
Defendants.
STATE OF NEW YORK
COUNTY OF KINGS
Enmanuel Castillo, being duly sworn, deposes and says:
I am not a party to the action; I reside in the County of Kings, New York, and I am over 18
years of age.
9th
On the day of March, 2018, I served the within
AFFIRMATION IN OPPOSITION
by depositing true copies thereof, enclosed in a post-paid wrapper, in an official depository under
the exclusive care and custody of the United States Postal Service within New York State,
addressed to the following at the last known address set forth below:
PICCIANO & SCAHILL, P.C.
1065 Stewart Avenue, Suite 210
Bethpage, NY 11714
CARMAN, CALLAHAN & INGHAM, LLP
266 Main Street
Farmingdale, NY 11735
ENMANUEL CASTILLO
Sworn to e e me March 9, 2018
LISANDRO DIAZ
Commissioner of Deeds
Notary Publi Cityof New York. 2-12564
Certificate
filedin KingsCounty
Commission Expires
/-I-(
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FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018
Index No.: 154212/17
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JAMEL VARGAS,
Plaintiff,
-against-
EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and LANETTE B. WOODARD,
Defendants.
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AFFIRMATION IN OPPOSITION
===---==========--====--===---===--=---==----===-=====--
TIKHOMIROV & ASSOC., PLLC
Attorneys for Plaintiff
JAMEL VARGAS
1400 Avenue Z, Suite 505
Brooklyn, New York 11235
(718) 676-9100
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Preview
FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JAMEL VARGAS, Plaintiff, Index No.: 154212/17 -against- AFFIRMATION IN OPPOSITION EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and LANETTE B. WOODARD, Defendants. ANDREY TIKHOMIROV, ESQ., an attorney duly admitted to practice law before the Courts in the State of New York, affirms the following upon information and belief and under the penalties of perjury: 1. I am the attorney for the plaintiff in the above matter and as such, I am fully familiar with the facts and circumstances of the within action based upon a review of the file maintained by my office. 2. This affirmation is submitted in opposition to both the motion and cross-motion of the respective defendants, each of which seeks relief related to discovery. 3. Your affirmant's office has been attempting to contact the plaintiff in order to have him execute authorization. We have sent certified mail to his last known address which was returned to our office by the postal service. We are currently attempting to locate him through all other available means, including sending an individual out to canvass his last known address (which was already done once). It isrespectfully submitted that a party's action should not be dismissed, even conditionally, because they have not kept their attorneys updated as to their whereabouts. Nor should a party be precluded from offering certain evidence at trial for the same reason. Your affirmant respectfully submits that both of those draconian reliefs are unwarranted 1 of 4 FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018 here as there has been no willful attempt to deny any party discovery. Itis respectfully submitted that giving your affirmant's office a 90 day period in which to locate the client and provide the sought discovery would not operate a substantive prejudice to any of the defendants. WHEREFORE, itis respectfully requested and that the instant motion be decided in accordance with the foregoing, together with such other and further relief as this Court deems just and proper. Dated: Brooklyn, New York March 9, 2018 2 of 4 FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JAMEL VARGAS, Plaintiff, Index No.: 154212/17 -against- AFFIRMATION OF MAIL SERVICE EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and LANETTE B. WOODARD, Defendants. STATE OF NEW YORK COUNTY OF KINGS Enmanuel Castillo, being duly sworn, deposes and says: I am not a party to the action; I reside in the County of Kings, New York, and I am over 18 years of age. 9th On the day of March, 2018, I served the within AFFIRMATION IN OPPOSITION by depositing true copies thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: PICCIANO & SCAHILL, P.C. 1065 Stewart Avenue, Suite 210 Bethpage, NY 11714 CARMAN, CALLAHAN & INGHAM, LLP 266 Main Street Farmingdale, NY 11735 ENMANUEL CASTILLO Sworn to e e me March 9, 2018 LISANDRO DIAZ Commissioner of Deeds Notary Publi Cityof New York. 2-12564 Certificate filedin KingsCounty Commission Expires /-I-( 3 of 4 FILED: NEW YORK COUNTY CLERK 03/09/2018 03:51 PM INDEX NO. 154212/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 03/09/2018 Index No.: 154212/17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JAMEL VARGAS, Plaintiff, -against- EAN HOLDING, LLC, CLAUDIA CRISTAL CINTRON and LANETTE B. WOODARD, Defendants. =======---=====---================--===---==============-= AFFIRMATION IN OPPOSITION ===---==========--====--===---===--=---==----===-=====-- TIKHOMIROV & ASSOC., PLLC Attorneys for Plaintiff JAMEL VARGAS 1400 Avenue Z, Suite 505 Brooklyn, New York 11235 (718) 676-9100 4 of 4